Disability Discrimination Sufficiently Alleged

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In Hall v. New York City Department of Education, 23-cv-10385 (JGK), 2024 WL 4979288 (S.D.N.Y. Dec. 3, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s “associational discrimination” claim asserted under the Americans with Disabilities Act. From the decision: The plaintiff also claims that the defendant discriminated against her based on her association…

Read More ADA Associational Discrimination Claim Sufficiently Alleged; Allegations Include Retraction of Job Offer Following Advocacy For Disabled Daughter
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In Hall v. New York City Department of Education, 23-cv-10385 (JGK), 2024 WL 4979288 (S.D.N.Y. Dec. 3, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s failure-to-hire claim asserted under the Americans with Disabilities Act (ADA). From the decision: The plaintiff asserts that the defendant retracted her job offer and failed to hire…

Read More Legally Blind Plaintiff Sufficiently Alleges Failure-to-Hire Claim Under the ADA, Court Rules
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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 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 Rivas v. Intern. Academy of Hope, No. 156236/2021, 2024 WL 4003749 (N.Y. Sup Ct, New York County Aug. 30, 2024), the court held that plaintiff sufficiently alleged disability discrimination under the New York State and City Human Rights Laws. After summarizing the black-letter law, the court applied it to the facts as follows: [P]laintiff…

Read More Anxiety-Diagnosed Plaintiff Sufficiently Alleges Disability Discrimination Under the NYS and NYC Human Rights Laws, Court Holds
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In Minor v Essence Ventures, LLC, No. 533765/2023, 2024 N.Y. Slip Op. 50758(U), 2024 WL 3212243 (NY Sup Ct Kings Cty, June 23, 2024), the court denied defendant’s motion to dismiss plaintiff’s disability discrimination claim asserted under the New York State Human Rights Law. This decision is instructive as to how courts assess the sufficiency…

Read More NYSHRL Disability Discrimination Claim Survives Dismissal; Inference Supported by Termination 8 Days After Disclosure of Disability
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In David v. The City of New York, No. 156939/2023, 2024 WL 3070011 (N.Y. Sup Ct, New York County June 20, 2024), the court denied defendant’s motion to dismiss plaintiff’s failure-to-accommodate disability claim asserted under the New York City Human Rights Law. From the decision: Here, Plaintiff has sufficiently alleged that, as a uniformed officer…

Read More NYPD Officer Sufficiently Alleges Failure-to-Accommodate Disability Discrimination Claim, Court Holds
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In Tohidi v. City of Reading Police Department, No. 5:24-cv-0591, 2024 WL 3015514 (E.D.Pa. June 13, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of disability discrimination asserted under the Americans with Disabilities Act (ADA). From the decision: The City asserts that Counts I and V (disability discrimination) should be dismissed…

Read More Disability Discrimination Claim Asserted by Plaintiff With Tourette’s Syndrome, Survives Dismissal
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In Thomas v. City of New York, No. 159891/2022, 2024 WL 2274935 (N.Y. Sup Ct, New York County May 20, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claim asserted under the New York City Human Rights Law. From the decision: The City next moves to dismiss Plaintiff’s second…

Read More NYPD Officer Sufficiently Alleges Disability-Based Hostile Work Environment Under the NYC Human Rights Law
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