ADA (Americans with Disabilities Act)

by

In Hamilton v. Westchester County et al, No. 20-1058-pr, 2021 WL 2671311 (2d Cir. June 30, 2021), a case brought by an inmate and arising under Title II of the Americans with Disabilities Act (relating to public services, programs, and activities), the Second Circuit held that the term “disability” within the meaning of the ADA…

Read More “Temporary” Injuries May Constitute “Disabilities” Under the Americans With Disabilities Act, Court Holds
Share This:
by

In Zelasko v. NYC Department of Education, No. 20-CV-5316, 2021 WL 2635121 (E.D.N.Y. June 25, 2021), the court dismissed plaintiff’s claim of disability discrimination. From the decision: In this case, the complaint does not allege facts suggesting that plaintiff is disabled within the meaning of the ADA or that she was perceived to be so…

Read More Disability Discrimination Claim Dismissed; Plaintiff’s “Concussion” Was Not an ADA “Disability”; Adverse Action Too Long After Injury
Share This:
by

In Wimberly v. automotiveMastermind, Inc., No. 20-2880, 2021 WL 2043623 (SDNY May 21, 2021), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s employment discrimination claims asserted under the Americans with Disabilities Act, 42 U.S.C. §§ 12203 & 12112 (ADA), Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et…

Read More Title VII, ADA, GINA Claims Survive Dismissal on Administrative Exhaustion Grounds
Share This:
by

In Butrym v. Sarsick et al, 20-CV-292, 2021 WL 1927073 (N.D.N.Y. May 13, 2021), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under the Americans with Disabilities Act. Initially, the court discussed the viability of such claims under that statue: Because the ADA echoes and expressly refers to Title VII, and because…

Read More Hostile Work Environment Claim, Asserted Under the Americans with Disabilities Act, Dismissed
Share This:
by

In Saborit v. Harlem Hospital Center Auxiliary, Inc., et al, 19-cv-4686, 2021 WL 1063241 (S.D.N.Y. March 19, 2021), the U.S. District Court for the Southern District of New York (in an opinion authored by Judge Lewis Liman) denied defendants’ motion for summary judgment on plaintiff’s disability discrimination claims asserted under the Americans with Disabilities Act,…

Read More HIV+ Plaintiff’s Disability Discrimination Claims Survive Summary Judgment Against Harlem Hospital Center
Share This:
by

In a recently-updated (December 16, 2020) document titled “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws“, the U.S. Equal Employment Opportunity Commission (EEOC) addressed (in section “K.”), the issue of vaccinations in the context of COVID-19. For example, the EEOC takes the position that: The vaccination itself…

Read More EEOC Updates Guidance Regarding Vaccinations
Share This:
by

In Wolfe–Santos v NYS Gaming Commission, No. 12467, 160963/16, 2018-6103, 2020 N.Y. Slip Op. 06976, 2020 WL 6877365 (N.Y.A.D. 1 Dept., Nov. 24, 2020), the Appellate Division, First Department affirmed the dismissal of plaintiff’s disability discrimination claim under the New York City Human Rights Law. From the decision: The complaint fails to state a cause…

Read More Disability Discrimination Complaint Dismissal Against NYS Gaming Commission Affirmed
Share This:
by

In Vega v. Department of Education, 2020 WL 6727803 (S.D.N.Y. Nov. 16, 2020), the court, inter alia, dismissed plaintiff’s retaliation claim. From the decision: Vega alleges that she was terminated in March 2019 in retaliation for filing her previous case, Vega I, in July 2018. Doc. 30 ¶ 20. To sufficiently plead a prima facie…

Read More Disability-Based Retaliation Claim Dismissed; Causation Undermined by Nine-Month Gap Between Protected Activity and Adverse Action
Share This:
by

In Dipinto v. Westchester County et al, 2020 WL 6135902 (S.D.N.Y. Oct. 19, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s disability-related hostile work environment claims asserted under the Americans with Disabilities Act and the New York State Human Rights Law. In sum, plaintiff alleged that he suffered mistreatment after he injured…

Read More County Employee States Disability-Based Hostile Work Environment Claim Following Foot Injury
Share This:
by

In Devany v. United Parcel Services, Inc., 18-cv-6684, 2020 WL 5876245 (S.D.N.Y Oct. 2, 2020), a disability discrimination case, the court upheld the denial of plaintiff’s request for discovery relating to other employees. In this case, plaintiff asserts that he was terminated because of his disability (alcoholism), and that the defendant’s proffered reason (the violation…

Read More Alcoholism-Disability Discrimination Plaintiff Not Entitled to Discovery of Non-Similarly Situated Employees, Court Rules
Share This: