Disability Discrimination

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In McQueen v. City of New York, No. 155209/2023, 2025 WL 554518 (N.Y. Sup Ct, New York County Feb. 18, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s disability discrimination claims under the New York State and City Human Rights Laws. After summarizing the black-letter law, the court applied it to the…

Read More Recovering Alcoholic Was Not “Disabled”; Court Dismisses Disability Discrimination Claims
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In Montes v. City of New York, No. 158272/2023, 2025 WL 290440 (N.Y. Sup Ct, New York County Jan. 21, 2025), the court, inter alia, held that plaintiff sufficiently alleged a disability-based hostile work environment under the New York City Human Rights Law. From the decision: Under NYCHRL, a Plaintiff claiming a hostile work environment…

Read More Disability-Based Hostile Work Environment Claim Sufficiently Alleged; Allegations Include “Faking Injuries” Comment
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In Dixon v. City of New York, 23-cv-8941 (JGK), 2025 WL 50140 (S.D.N.Y. Jan. 7, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s disability-based hostile work environment claims. This decision illustrates that generalized objectionable conduct – such as what might be considered “verbal harassment” – is alone insufficient to constitute an actionable…

Read More Disability-Based Hostile Work Environment Claims Dismissed; Allegation of Being Addressed in a “Loud, Aggressive and Belligerent Tone” Insufficient
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In United States Equal Employment Opportunity Commission v. McLane/Eastern, Inc., 5:20-cv-1628 (BKS/ML), 2024 WL 5153167 (N.D.N.Y. Dec. 18, 2024), a disability discrimination case, the court, inter alia, denied defendant’s motion for a new trial, finding that the jury’s award of emotional distress damages in the amount of $150,000 was not excessive. From the decision: Emotional…

Read More Court Upholds $150,000 Award to Discrimination Plaintiff in “Garden Variety” Case
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In Roberson v. New York City Health and Hospitals Corp., No. 151841/2023, 2024 WL 4957306 (N.Y. Sup Ct, New York County Nov. 30, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claims of hostile work environment asserted under the New York State and City Human Rights Laws. From the decision: Here, Roberson…

Read More Hostile Work Environment Claims Survive Dismissal; Allegations Include Isolation Following Expression of Concerns About Race-Based Pay
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In Fernsmith v. City of New York, No. 158467/2023, 2024 WL 4604773 (N.Y. Sup Ct, New York County Oct. 29, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s disability-based hostile work environment claim asserted under the New York City Human Rights Law. From the decision: Under the CHRL, a hostile work environment…

Read More Disability-Based Hostile Work Environment Claim Sufficiently Alleged Against City of New York
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In Simmons v. The City of New York, No. 157761/2023, 2024 WL 4467701 (N.Y. Sup Ct, New York County Oct. 08, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of disability discrimination. From the decision: The City’s motion to dismiss Plaintiff’s claim of disability discrimination is denied. In addition to the Harrington factors,…

Read More Disability Discrimination Claims Sufficiently Alleged Against City of New York, Court Finds
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In Friedman v. Bloomberg, L.P., 2024 NY Slip Op 04602 (App. Div. 1st Dept. Sept. 26, 2024), the New York Appellate Division, First Department, unanimously affirmed the lower court’s denial of defendant’s motion for summary judgment dismissing plaintiff’s complaint for disability discrimination and failure to accommodate disability under the New York City Human Rights Law.…

Read More Disability Discrimination (Termination) Claim Survives Summary Judgment, 1st Dept. Holds
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In Moscato v. City of New York, No. 157923/2023, 2024 WL 4277258 (N.Y. Sup Ct, New York County Sep. 24, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of a disability-based hostile work environment claim asserted under the New York City Human Rights Law. From the decision: To state a claim…

Read More Disability-Based Hostile Work Environment Claim Survives Dismissal
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In Cordaro v. Lloyd J. Austin III, 6:22-CV-06027 EAW, 2024 WL 4248965 (W.D.N.Y. Sept. 20, 2024), the court denied plaintiff’s motion for reconsideration of the court’s dismissal of plaintiff’s disability discrimination claims, on the ground that plaintiff failed to exhaust his administrative remedies. From the decision: Plaintiff argues that because more men than women have…

Read More Gender Discrimination Claim Was Not “Administratively Exhausted”
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