In Natofsky v. City of New York, 2019 WL 1715951 (2d Cir. April 18, 2019), the Second Circuit, inter alia, held that the Americans with Disabilities Act (ADA) employs the (relatively strict) “but for” causation standard. From the decision: Having determined that the ADA does not incorporate Title VII’s mixed-motive standard, the remaining question is…
Read More 2d Circuit Holds That the ADA Requires “But For” CausationIn Alexander Guerrero Toro v. Northstar Demolition & Remediation, 2019 WL 1396751 (W.D.N.Y. March 28, 2019), the court, inter alia, dismissed plaintiff’s claim of a disability-based hostile work environment claim. From the decision: Plaintiff testified that he was subject to workplace harassment because he was assigned to jobs he could not complete, his supervisors wanted…
Read More Asbestos Handler’s Disability-Based Hostile Work Environment Claim DismissedIn Noel v. Wal-Mart Stores, East LP, 18-1139-cv (2d Cir. March 11, 2019) (Summary Order), the Second Circuit, inter alia, vacated the lower court’s dismissal of plaintiff’s complaint. Plaintiff, who held the position of pharmacist manager, suffered from trypanophobia (or needle phobia). He sought an exemption from an alteration of his job description that would…
Read More 2d Circuit Overturns Dismissal of Disability Discrimination Complaint by Needle-Fearing PharmacistIn Hazelwood v. Highland Hospital, 17-4139 (2d Cir. March 1, 2019) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s (a deaf woman) claims of failure to accommodate and unlawful retaliation under the Americans with Disabilities Act (ADA). The court provides some guidance as to what qualifies as an ADA “reasonable accommodation”: A reasonable…
Read More 2d Circuit: Disability Accommodation (Effective, Though Not Preferred) Was ADA-CompliantIn a recently-filed complaint – captioned Stover v. Amazon.com, LLC et al, 19-cv-00054 (E.D.Ky Feb. 15, 2019) – the plaintiff alleges that the defendants subjected him to discrimination based on his disability (Chron’s disease). Plaintiff claims, specifically, that defendants terminated him because of “time theft” due to “excessive bathroom breaks” – which, he contends, were…
Read More Disability Discrimination Lawsuit Against AmazonFrom Schneider v. Wal-Mart Stores, Inc. 2019 WL 294309 (S.D.N.Y. Jan. 23, 2019): [T]he Court will examine whether Defendants’ stated reason for Plaintiff’s termination, his accumulation of four written coachings in a twelve-month period, is mere pretext for discrimination. Pretext may be demonstrated by additional evidence that the employer’s proffered reason is not credible or…
Read More Written “Coachings” Were Not Pretext For Discrimination; Disability Discrimination Claim Dismissed on Summary JudgmentFrom Bussa v. St. John’s University, 2019 WL 136641, at *3–4 (E.D.N.Y., 2019): Plaintiff has failed to allege sufficient facts to demonstrate that the defendant discriminated against him in violation of Title VII or the ADA. As a general matter, the complaint suggests that the plaintiff did not actually apply for a specific position, although he…
Read More Aspiring Graduate Student’s Title VII, ADA Discrimination Claims DismissedIn Wu v. Jensen-Lewis Co., Inc., 2018 WL 5723122 (S.D.N.Y. Nov. 1, 2018), the court (inter alia) held that the plaintiff plausibly stated a claim for public accommodation discrimination. Plaintiff, who is legally blind, asserted that defendants’ website is not compliant with federal law (the Americans with Disabilities Act) because it was not fully and…
Read More Website-Accessibility Disability Discrimination Plausibly Alleged, Court FindsSadly, George H.W. Bush – the 41st President of the United States – died on November 30, 2018. One of his accomplishments was his signing into law the Americans with Disabilities Act of 1990, 42 USC § 12101 et seq., on July 26, 1990. The ADA – which was amended/overhauled in 2008 – is a significant…
Read More RIP George H.W. Bush, Signer of the Americans with Disabilities ActFrom Perez v. Mason Tenders District Council, 17-3896 (2d Circuit Nov. 21, 2018) (Summary Order): Perez concedes in her opening brief, as she did before the district court, that her complaint was filed outside the 90-day window she had from receiving the EEOC’s rightto-sue letter to bring her claim. Nevertheless, she maintains that the limitations…
Read More ADA Disability Discrimination Claim Properly Dismissed as Filed Beyond the 90-Day EEOC Notice