ADA (Americans with Disabilities Act) Archives - Page 19 of 21

July 27, 2015 by mjpospis

Americans With Disabilities Act: 25 Years Later

The Americans with Disabilities Act was signed into law on July 26, 1990. The ADA offers protections against disability discrimination in, for example, the workplace (Title I, V) and places of public accommodation (Title III). Title I of the ADA provides the following general rule: No covered entity shall discriminate against a qualified individual on the…

Share This:

May 10, 2015 by mjpospis

Employer’s Firing Plaintiff During Recovery Plausibly Suggests Failure to Accommodate Under the Americans with Disabilities Act

In Sobhi v. Sociedad Textil Lonia Corp., No. 13 CIV. 8073 AT MHD, 2014 WL 7474338 (S.D.N.Y. Dec. 30, 2014), the U.S. District Court for the Southern District of New York held that plaintiff adequately alleged a “failure to accommodate” disability discrimination claim under the Americans with Disabilities Act (ADA). From the decision: Although Defendant…

Share This:

March 31, 2015 by mjpospis

Disability Discrimination Roadmap

In Graham v. Macy’s, Inc., SDNY 14-cv-3192 (March 23, 2015), Southern District Judge Paul Engelmayer granted defendant Macys’ motion to dismiss the pro se plaintiff’s claims of discrimination based on disability (here, arthritis and bipolar disorder) under the Americans with Disabilities Act (ADA). Although Judge Engelmayer determined that plaintiff’s complaint was deficient – citing, for example,…

Share This:

March 18, 2015 by mjpospis

Your Sick Daughter or Your Job? Associational Discrimination Claims Survive Summary Judgment

Many employment discrimination cases involve allegations by an employee (or former employee) that they have endured discriminatory treatment based on one or more of that person’s protected characteristics. But what you may not know is that there is another type of claim – referred to in the case law as “associational discrimination” – based on the…

Share This:

January 30, 2015 by mjpospis

NYPD Officer Characterized as “Delusional” Plausibly Alleges Disability Discrimination Claims

In Rodriguez v. City of New York, decided January 23, 2015, the Eastern District of New York held that plaintiff, a NYPD officer, sufficiently alleged a claim for disability discrimination under the Americans with Disabilities Act, the New York State Human Rights Law, and the New York City Human Rights Law. Plaintiff alleges that the…

Share This:

January 25, 2015 by mjpospis

Plaintiff Sufficiently Alleges Employment Discrimination Based on Disability (Broken Wrist)

In the case of Vale v. Great Neck Water Pollution Control District, decided January 20, 2015, the Eastern District of New York held that the plaintiff sufficiently alleged various claims – including discrimination, failure to accommodate, and retaliation – under the Americans with Disabilities Act (ADA). Plaintiff alleged that she was subjected to unfair treatment in…

Share This:

January 22, 2015 by mjpospis

Court Reiterates That Mere “Perception” of Discrimination is Insufficient to Survive Summary Judgment

In Idlisan v. Mount Sinai Medical Center (decided January 9, 2015), the Southern District of New York dismissed plaintiff’s claim that he was not hired because of his race, national origin, disability, and conviction history. Title VII In dismissing plaintiff’s Title VII claims, the court – citing Second Circuit precedent for the principle that “feelings and…

Share This:

January 10, 2015 by mjpospis

ADA-Based Discrimination and Retaliation, but not Hostile Work Environment, Claims Survive Summary Judgment

In Sherman v. County of Suffolk, the Eastern District of New York addressed plaintiff’s discrimination claims under the Americans with Disabilities Act (ADA). The court held that plaintiff presented enough evidence to overcome summary judgment on his ADA discrimination claim: [W]hile the Plaintiff does not point to any direct evidence of discriminatory intent, such as derogatory…

Share This:

January 2, 2015 by mjpospis

Evidence, Including Derogatory Comments About Plaintiff’s Walk, Was Sufficient to Overcome Summary Judgment on Plaintiff’s Disability Discrimination Claims

In Lewis v. Blackman Plumbing Supply Co. 51 F. Supp. 3d 289 (SDNY 2014), the Southern District of New York denied defendants’ motion for summary judgment on plaintiff’s claims that defendants terminated him because of his hip-related disability, failed to accommodate him, and subjected him to a hostile work environment. As to plaintiff’s discriminatory-discharge claim,…

Share This:

December 2, 2014 by mjpospis

Recent Court Decision is Instructive as to the Circumstances Under Which Alcoholism Constitutes a “Disability” Under the Anti-Discrimination Statutes

In Cullen v. Verizon Communications, No. 14-CV-464S, 2014 WL 6627494 (W.D.N.Y. Nov. 21, 2014), the Western District of New York dismissed, under Fed. R. Civ. P. 12(b)(6), plaintiff’s complaint alleging disability discrimination under the Americans with Disabilities Act of 1990 (as amended) (ADA) and the New York State Human Rights Law. Here are the facts,…

Share This: