Disability: Depression Archives

June 28, 2026 by mjpospis

Disability Discrimination Claims Sufficiently Alleged; Leave to Amend Complaint Granted

In Kilvert v. City Winery, LLC, No. 161087/2024, 2026 WL 1847596 (N.Y. Sup. Ct. June 16, 2026), the court, inter alia, granted plaintiff’s motion to amend their complaint to add a claim of disability discrimination under the New York State and City Human Rights Laws. From the decision: The standard for determining liability for discrimination-based…

ADA Disability Discrimination Claim Dismissal Affirmed; Inability to Show Up for Work Fatal

In Gorbea v. Verizon New York Incorporated, 2021 WL 4851389 (2d Cir. Oct. 19, 2021), the court affirmed the dismissal of plaintiff’s disability discrimination claim under the Americans with Disabilities Act. The court summarized the elements for discrimination and failure-to-accommodate claims under the ADA. For a discrimination claim, a plaintiff must show by a preponderance…

Court Dismisses NYPD Officer’s “Regarded As” Disability Discrimination Claim

In Gates v. City of New York et al, 20 Civ. 3186, 2021 WL 3774189 (S.D.N.Y. Aug. 25, 2021), the court, inter alia, dismissed plaintiff’s claim of disability discrimination under the Americans With Disabilities Act. Plaintiff alleged that defendants discriminated against him on the basis of his perceived disability, namely, “depression/suicidal.” After outlining the “black…