ADA (Americans with Disabilities Act)

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In Collins v. Board of Cnty. Commissioners of Nowata Cnty., 2023 WL 3854085 (N.D.Okla. June 6, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s disability-based hostile work environment claim asserted under the Americans with Disabilities Act. Here, the alleged disability was plaintiff’s loss of his left hand in a childhood accident. In…

Read More “Cripple”, Other Comments Insufficient to Plausibly Allege Disability-Based Hostile Work Environment
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In Hanafy v. Hill International, Inc., No. 22-878, 2023 WL 3010176 (E.D.Pa. April 19, 2023), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under the Americans With Disabilities Act (ADA). After summarizing the black-letter law applicable to this claim, the court applied it to the facts: Plaintiff has not demonstrated he endured…

Read More Disability (Heart Condition)-Related Hostile Work Environment Claim Dismissed
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In Matthews v. New Light, Inc., Civil Action No. 22-427, 2022 WL 11966542 (W.D.Pa. October 20, 2022), the court, inter alia, dismissed plaintiff’s discrimination claim asserted under the Americans with Disabilities Act, on the ground that plaintiff’s claimed medical condition, pregnancy, is not a “disability” within the meaning of that statute. From the decision: Here,…

Read More Court Dismisses ADA Discrimination Claim; Uncomplicated Pregnancy Was Not a “Disability” Under the Statute
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In Talbott-Serrano v. Iona College et al, No. 21-CV-1055 (CS), 2022 WL 3718346 (S.D.N.Y. August 29, 2022), the court granted defendants’ motion for summary judgment on plaintiff’s disability-based hostile work environment claim asserted under the Americans with Disabilities Act. This case illustrates the subtle, yet crucial, distinction between a work environment that may “hostile” in…

Read More Disability-Based Hostile Work Environment Claim Dismissed; “Discourteous” and “Unpleasant” Conduct Held Insufficient
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In Errickson v. Lakeland Regional Medical Center, Inc., 8:22-cv-533-VMC-CPT, 2022 WL 1487588 (M.D.Fla. May 11, 2022), the court dismissed plaintiff’s disability-based hostile work environment claim asserted under the Americans with Disabilities Act. After summarizing the “black letter” law, the court applied it to the facts: Although the issue of whether harassment was severe and pervasive…

Read More “Unpleasant” Conduct Nevertheless Insufficient to Give Rise to a Plausible ADA Hostile Work Environment Claim, Court Holds
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In Ibela v. Allied Universal, 2022 WL 1418886 (2d Cir. May 5, 2022), the U.S. Court of Appeals for the Second Circuit, inter alia, vacated the dismissal of plaintiff’s claim of retaliation asserted under the Americans with Disabilities Act. After affirming the dismissal of plaintiff’s discrimination claim (on the ground that plaintiff “did not allege…

Read More ADA Retaliation Claim Dismissal Vacated; Seeking a Reasonable Accommodation For Bipolar Disorder Was a “Protected Activity”
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A recent case, Davis v. Arcelormittal USA, LLC, 18-cv-318 (N.D. Ind. April 15, 2022), is instructive on the “exhaustion of administrative remedies” principle of federal employment discrimination law. Here (in sum) plaintiff submitted a Charge of Discrimination to the Equal Employment Opportunity Commission (EEOC), in which she asserted of disability discrimination and failure to accommodate disability…

Read More Disability-Based Hostile Work Environment Claim Dismissed as Not Administratively Exhausted at EEOC
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In White v. Aldridge Electric, Inc., 21-cv-01872, 2022 WL 1003765 (E.D.Pa. April 4, 2022), the court, inter alia, granted defendant’s motion for summary judgment on plaintiff’s claim of disability discrimination asserted under the Americans with Disabilities Act. In sum, plaintiff alleged that he was treated differently, and fired, because of his medical conditions (chronic pain…

Read More Disability Discrimination Claim Dismissed; “Piece of Shit” Comment Was “Neutral”
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In Tillman v. NYC Human Resources Administration, 2022 WL 874947 (S.D.N.Y. March 24, 2022), the court, inter alia, dismissed plaintiff’s hostile work environment claims asserted under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act. After assuming (without explicitly deciding) that hostile work environment claims are cognizable under the…

Read More Title VII, ADA Hostile Work Environment Claims Dismissed; “Scattered” Allegations of Events Over Four Years Insufficient
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