ADA (Americans with Disabilities Act)

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In Pustilnik v. Battery Park City Authority et al, 18-CV-9446, 2019 WL 6498711 (S.D.N.Y. Dec. 3, 2019), the court, inter alia, granted defendant’s motion to dismiss – under Federal Rule of Civil Procedure 12(b)(6) – plaintiff’s disability discrimination claim under the Americans with Disabilities Act (ADA). From the decision: [Plaintiff]’s Complaint is devoid of facts…

Read More Disability Discrimination Claim Dismissed; Mere Knowledge of Disability Insufficient
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In Buczakowski v. Crouse Health Hospital, Inc. et al, 18-cv-330, 2019 WL 6330206 (N.D.N.Y. Nov. 26, 2019), the court, inter alia, held that plaintiff sufficiently alleged a hostile work environment based on age and disability (cancer). After reciting the hostile work environment standard, the court held that plaintiff “established [defendant] and several of its employees…

Read More Age & Disability-Related Hostile Work Environment Claims Sufficiently Alleged Against Crouse Health Hospital
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In a recent decision, Kelleher v. Fred A. Cook, Inc., 18‐2385, 2019 WL 4616715, the Second Circuit held that plaintiff sufficiently alleged a claim for “associational discrimination” under the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. (ADA), and vacated the lower court’s decision dismissing the complaint. Here, Plaintiff alleged that he was…

Read More 2d Circuit Overturns Dismissal of ADA “Associational” Disability Discrimination Claim
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In Akinde v. NYC Health & Hospital Corp. et al, 16-cv-8882, 2019 WL 4392959 (S.D.N.Y. Sept. 13, 2019), the court held, inter alia, that plaintiff sufficiently alleged discrimination and retaliation under Title VII of the Civil Rights Act and the Americans with Disabilities Act. Judge Woods summarized the relevant legal standard(s):[1]Paragraphing added. To establish a…

Read More Complaint Sufficiently Alleges Title VII and ADA Discrimination & Retaliation Claims, Court Finds
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In Woolf v. Bloomberg L.P., 16-cv-6953 (PKC), 2019 WL 1046656 (S.D.N.Y. Mar. 5, 2019), the court, inter alia, granted defendant’s motion for summary judgment dismissing plaintiff’s claim of disability discrimination under the Americans with Disabilities Act (ADA). In this case, Plaintiff alleges (inter alia) that his employer violated the ADA by terminating him on the…

Read More Stress-Related Migraines Were Not a “Disability” Under the ADA, Court Holds
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In a recent decision, Gindi v. NYC Dept. of Education, 18-3057-cv, 2019 WL 4254700 (2d Cir. Sept. 9, 2019) (Summary Order), the Second Circuit affirmed the district court’s dismissal – on statute of limitations grounds – of plaintiff’s discrimination claims asserted under Title VII of the Civil Rights Act of 1964, the Age Discrimination in…

Read More Title VII, ADEA, ADA Dismissal Affirmed on Statute of Limitations Grounds
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A recent decision, Rodriguez v. Gikher, 2019 WL 2433596, at *2 (S.D.N.Y. June 11, 2019), provides an outline of the elements of a disability discrimination claim under the Americans with Disabilities Act (ADA), as well as what must be alleged to properly plead such a claim. The court explains: The ADA prohibits discrimination against a…

Read More “Barebones” ADA Disability Discrimination Complaint
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In Vuono v. Consolidated Edison of New York, Inc., 2019 WL 2433654 (S.D.N.Y. 2019), the court, inter alia, dismissed plaintiff’s disability discrimination claim, finding that allegedly “excessive” drug and alcohol tests did not qualify as adverse employment actions. From the decision: Requiring an employee to be tested pursuant to the On Call program does not…

Read More Drug Testing Was Not an “Adverse Employment Action”, Court Holds
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In Lam v. New York City Department of Education, 18-cv-2756, 2019 WL 2327655, (S.D.N.Y. May 30, 2019), the court, inter alia, dismissed plaintiff’s Americans with Disabilities-based hostile work environment claim under Federal Rule of Civil Procedure 12(b)(6). In this case, plaintiff, a special education teacher, alleges that she suffers from anxiety, depression, degenerative spine or…

Read More Disability-Based Hostile Work Environment Claim Against NYCDOE Dismissed
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In Torres v. New York City Dept. of Education, 18-cv-2156, 2019 WL 2124891 (E.D.N.Y. May 15, 2019), the court, inter alia, dismissed plaintiff’s discrimination and retaliation claims – by granting defendant’s motion for a judgment on the pleadings pursuant to FRCP 12(c) – under the Americans with Disabilities Act (ADA), on the ground that plaintiff…

Read More ADA Claim Dismissed; No “Adverse Employment Action”
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