In Nelson v. WW Intern., Inc., No. 155745/2020, 2024 WL 32208823 (N.Y. Sup Ct, New York County June 28, 2024), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s disability discrimination claim asserted under the New York City Human Rights Law. From the decision: A plaintiff may prove a disability discrimination claim…
Read More Disability Discrimination Claim Survives Summary JudgmentIn Sharikov v. Philips Medical Systems MR, Inc., Docket No. 23-407-cv, 2024 WL 2820927 (2d Cir. June 4, 2024), the U.S. Court of Appeals for the Second Circuit affirmed the lower court’s judgment dismissing plaintiff’s claim of disability discrimination asserted under the Americans With Disabilities Act (ADA). In sum, in this case the plaintiff alleges…
Read More 2d Circuit Affirms Dismissal of COVID-19 Related ADA “Regarded As” Disabled ClaimIn Amendola v. The City of New York, No. 501349/2023, 2024 WL 2155155 (N.Y. Sup Ct, Kings County May 13, 2024), the court denied defendant’s motion to dismiss plaintiff’s failure-to-accommodate disability discrimination claim. From the decision: Plaintiff has sufficiently pleaded that defendants failed to accommodate her disability under the City HRL. The Amended Complaint adequately…
Read More NYPD Officer Sufficiently Alleges Failure to Accommodate Disability Under the NYC Human Rights LawIn Flint v. Atlantic Networks, LLC, No. 505043/2021, 2024 WL 1840597 (N.Y. Sup Ct, Kings County Apr. 17, 2024), the court denied defendant’s motion to dismiss plaintiff’s disability discrimination claims asserted under the New York State and City Human Rights Laws. The court began by summarizing the standard to apply when considering a pre-answer motion…
Read More Court Denies Motion to Dismiss NYSCHR, NYCHRL Disability Discrimination Claims Following Dismissal of Federal Complaint Without PrejudiceIn Mattioda v. Nelson, 2024 WL 1710665 (9th Cir. April 22, 2024), the U.S. Court of Appeals for the Ninth Circuit, inter alia, held that plaintiff (a NASA employee) plausibly alleged a disability-based hostile work environment claim in violation of the Retaliation Act of 1973, 29 U.S.C. § 791 et seq. In sum, plaintiff –…
Read More 9th Circuit Reverses Dismissal of NASA Scientist’s Disability-Based Hostile Work Environment ClaimIn Defranco v. New York Power Authority, 20-CV-1861-LJV, 2024 WL 1621533 (W.D.N.Y. April 15, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s disability (hearing impairment) based hostile work environment asserted under the Americans with Disabilities Act and the New York State Human Rights Law. From the decision: This Court finds that the…
Read More Hearing Impairment-Based Hostile Work Environment Claim Survives DismissalIn Innes v. County of Warren et al, 1:22-cv-641 (BKS/TWD), 2024 WL 865864 (N.D.N.Y. Feb. 29, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s disability discrimination claims. As to plaintiff’s claims under the Americans with Disabilities Act (ADA), the court explained: Plaintiff alleges the following facts. Approximately an hour and a half…
Read More Disability Discrimination Claims Survive Dismissal; Court Cites Closeness in Time Between Hospitalization and TerminationIn Egers v. Allstate Insurance Company, 19-CV-4348 (JS)(ARL), 2024 WL 923122 (E.D.N.Y. March 4, 2024), the court denied defendant’s motion for summary judgment on plaintiff’s claim of disability discrimination asserted under the New York State Human Rights Law. From the decision: Plaintiff’s claims of employment discrimination and failure to accommodate each require the Court to…
Read More Disability Discrimination Claim Survives Summary Judgment, in Light of Factual Dispute as to Whether Job Function Was “Essential”In Handler v. Dutchess County Community College, 2024 WL 343091 (S.D.N.Y. Jan. 30, 2024), the court granted defendant’s motion for summary judgment on plaintiff’s claim of disability discrimination asserted under the Americans with Disabilities Act. In sum, plaintiff, who suffers from Tourette’s Syndrome, taught photography courses at defendant. He retired early, following allegations of sexual…
Read More Court Dismisses Tourette’s-Suffering College Instructor’s ADA Discrimination ClaimIn Perez v Y & M Transportation Corporation, No. 2021-02890, 518884/20, 2023 N.Y. Slip Op. 04675, 2023 WL 6134310 (N.Y.A.D. 2 Dept., Sep. 20, 2023), the Appellate Division, Second Department affirmed the denial of defendants’ motion to dismiss plaintiff’s discrimination, hostile work environment, and retaliation claims in violation of the New York City Human Rights…
Read More Race, Perceived Disability Discrimination Claims Sufficiently Alleged Under NYC Human Rights Law