Disability Discrimination Sufficiently Alleged

January 26, 2024 by mjpospis

Title VII Race Discrimination Claim Survives Dismissal; Discovery Required to Determine Viability of Plaintiff’s Proffered Comparator

In Olson v. Takeda Pharmaceuticals America, Inc. et al, Case No. 8:23-cv-590-TPB-CPT, 2024 WL 245978 (M.D.Fla. Jan. 23, 2024), the court (inter alia) denied defendant’s motion to dismiss plaintiff’s claims of race discrimination under Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act. From the decision: It is true…

Job Offer Rescission Following Positive Marijuana Test Stated Claim Under NYC, But Not NYS, Disability Discrimination Law

In Brouillard v Sunrun, No. 2020-03610, 518516/19, 2023 N.Y. Slip Op. 04184, 2023 WL 5063992 (N.Y.A.D. 2 Dept., Aug. 09, 2023), the court affirmed the lower court’s denial of defendant’s motion to dismiss plaintiff’s claim of disability discrimination in violation of the New York City Human Rights Law. The court summarized the facts as follows:…

Plaintiff, Mocked For Stuttering, States Hostile Work Environment Claim Under the Americans with Disabilities Act

In Salas v. New York City Department of Investigation, 2018 WL 1614339, 16-cv-8573 (S.D.N.Y. March 30, 2018), the court (inter alia) denied defendant’s motion to dismiss, and held that plaintiff – who suffered from a stutter – stated a claim for a hostile work environment under the Americans with Disabilities Act (ADA). From the decision:…