Anxiety as Disability

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A slice of cake, a cheerful song, and a brightly-colored card—workplace birthdays seem like harmless, even morale-boosting, fun. As an employment lawyer, however, I see a few too many “Happy Birthday” signs that, in a worst-case scenario, could become a sign of legal trouble. What is intended as a kind gesture can unintentionally trigger legal…

Read More ♫ Happy Lawsuit to You ♪: An Employment Lawyer’s Take on Workplace Birthdays
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In Rivas v. Intern. Academy of Hope, No. 156236/2021, 2024 WL 4003749 (N.Y. Sup Ct, New York County Aug. 30, 2024), the court held that plaintiff sufficiently alleged disability-based hostile work environment claims asserted under the New York State and City Human Rights Laws. From the decision: The second and fourth causes of action allege that…

Read More Disability-Based Hostile Work Environment Claims Sufficiently Alleged Under the NYS and NYC Human Rights Laws
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In Rivas v. Intern. Academy of Hope, No. 156236/2021, 2024 WL 4003749 (N.Y. Sup Ct, New York County Aug. 30, 2024), the court held that plaintiff sufficiently alleged disability discrimination under the New York State and City Human Rights Laws. After summarizing the black-letter law, the court applied it to the facts as follows: [P]laintiff…

Read More Anxiety-Diagnosed Plaintiff Sufficiently Alleges Disability Discrimination Under the NYS and NYC Human Rights Laws, Court Holds
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In Butrym v. Sarsick et al, 20-CV-292, 2021 WL 1927073 (N.D.N.Y. May 13,  2021), the court, inter alia, held that plaintiff plausibly alleged claims that defendants failed to accommodate her disability, and terminated her because of her disability, in violation of the Americans with Disabilities Act. The court summarized plaintiff’s claims, in part, as follows:…

Read More Disability Discrimination Claims Survive Dismissal; Court Notes Denial of Plaintiff Request for Separation From Alleged Harasser
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