Disability Discrimination

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In Tudor v. Whitehall Central School District, 2025 WL 898898 (2d Cir. March 25, 2025), the U.S. Court of Appeals for the Second Circuit – addressing a matter of first impression – vacated a lower court award of summary judgment dismissing plaintiff’s “failure to accommodate” claim under the Americans with Disabilities Act (ADA), finding that…

Read More Second Circuit Interprets Americans With Disabilities Act’s “Reasonable Accommodation” Decision
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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 retaliation claims under the New York State and City Human Rights Laws. From the decision: Both the NYSHRL and the NYCHRL make it…

Read More Retaliation Claims Survive Dismissal; Accommodation Requests Denied Following Internal Complaints of Discrimination
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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 Lilly v. The State of New York, No. 155539/2024, 2025 WL 592918 (N.Y. Sup Ct, New York County Feb. 24, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of disability discrimination asserted under the New York State and City Human Rights Laws. From the decision; To state an employment discrimination…

Read More Disability Discrimination Claims Sufficiently Alleged
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In Feliz v. Manhattan Restorative Health Sciences, Inc., No. 161563/2021, 2025 WL 574304 (N.Y. Sup Ct, New York County Feb. 21, 2025), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s claims of disability discrimination asserted under the New York State and City Human Rights Laws. The court summarized the basic legal…

Read More Disability Discrimination Claims Survive Summary Judgment; Issues Existed as to Pretextual Nature of Termination
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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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