D Motion to Dismiss Denied (Disability Discrimination)

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In Brown v. Winston Staffing LLC, No. 159405/2025, 2026 WL 964813 (N.Y. Sup. Ct. Apr. 07, 2026), the court denied defendant’s motion to dismiss plaintiff’s claim of disability discrimination asserted under the New York State Human Rights Law. From the decision: Plaintiff has a long-term injury to her left foot which causes her to walk…

Read More Disability Discrimination Claim Sufficiently Alleged; Allegations Included Mocking of Plaintiff’s Foot Injury
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In Nazath v Our Lady of Consolation Nursing & Rehabilitative Care Center, No. 2023-06250, 615567/22, 2025 N.Y. Slip Op. 04796, 2025 WL 2458592 (App. Div. 2 Dept. Aug. 27, 2025), the Appellate Division, Second Department affirmed the lower court’s denial of defendant’s motion to dismiss plaintiff’s claims of disability discrimination and retaliation in violation of…

Read More Perceived-Disability Discrimination & Retaliation Claims Survive Dismissal, 2nd Dept. Holds
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In Khurana v. City of New York, No. 152921/2024, 2025 WL 1085410 (N.Y. Sup Ct, New York County Apr. 10, 2025), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claim of disability discrimination under the New York City Human Rights Law (NYCHRL). From the decision: To state a claim of disability discrimination under…

Read More NYCHRL Disability Discrimination Claim Survives Dismissal; Denial of Overtime, Promotion Was Sufficiently Disadvantageous
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In Gil-Frederick v. The City of New York, No. 155628/2023, 2025 WL 804677 (N.Y. Sup Ct, New York County Mar. 13, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s disability discrimination claims under the New York State and City Human Rights Laws. From the decision: Under the NYSHRL it is unlawful for…

Read More Disability Discrimination Claims Survive Dismissal; “Blanket Denials” Minutes After Accommodation Request Failed to Satisfy “Interactive Process”
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In Acosta v. Kennedy Children’s Center, 24 Civ. 3358, 2025 WL 70141 (S.D.N.Y. Jan. 10, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s disability discrimination claims asserted under the Americans with Disabilities Act (ADA), the New York State Human Rights Law (NYSHRL), and the New York City Human Rights Law (NYCHRL). From…

Read More PTSD-Related Disability Discrimination Claims Sufficiently Alleged, Court Holds
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In Sobhi v. Sociedad Textil Lonia Corp., No. 13 CIV. 8073 AT MHD, 2014 WL 7474338 (S.D.N.Y. Dec. 30, 2014), the U.S. District Court for the Southern District of New York held that plaintiff adequately alleged a “failure to accommodate” disability discrimination claim under the Americans with Disabilities Act (ADA). From the decision: Although Defendant…

Read More Employer’s Firing Plaintiff During Recovery Plausibly Suggests Failure to Accommodate Under the Americans with Disabilities Act
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