Disability Discrimination

In 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 Dismissal
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In 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 Termination
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In 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”
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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 Claim
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In 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
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In a recent decision, Anderson v. KAR Global, 2023 WL 5493754 (8th Cir. Aug. 25, 2023), the U.S. Court of Appeals for the Eighth Circuit reversed a lower court’s dismissal of plaintiff’s disability discrimination claim asserted under the Americans with Disabilities Act. In evaluating plaintiff’s claim, the court applied the familiar McDonnell Douglas burden-shifting framework. Under this…

Read More Disability Discrimination (Termination) Claim Improperly Dismissed on Summary Judgment, 8th Circuit Holds
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In Ayende v. The City of New York, No. 153423/2022, 2023 WL 5531761, 2023 N.Y. Slip Op. 32970(U) (N.Y. Sup Ct, New York County Aug. 28, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s disability discrimination claims. From the decision: Plaintiff must state a prima facie cause of action for employment discrimination…

Read More Disability Discrimination Claims Sufficiently Alleged Against the City of New York
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In Wolfe-Santos v. NYS Gaming Com’n, No. 160963-2016, 2023 WL 5431870 (N.Y. Sup Ct, New York County Aug. 22, 2023), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s disability discrimination claims. From the decision: Here, assuming arguendo that defendants met their burden and established that they did not discriminate against plaintiff…

Read More Disability Discrimination Claims Survive Summary Judgment Against NYS Gaming Commission
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In Caputo v. Iesi NY Corp., No. 150594/2018, 2023 WL 5167701 (N.Y. Sup Ct, New York County Aug. 11, 2023), the court held that summary judgment was inappropriate on plaintiff’s claims of discrimination and retaliation. From the decision: Here, issues of fact preclude summary judgment on all claims related to discrimination and retaliation. Plaintiff and…

Read More Summary Judgment on Disability Discrimination, Retaliation Claims Not Warranted in Light of Conflicting Interpretations of Evidence
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In Gross v. Hatboro-Horsham School District, No. 23-0633, 2023 WL 4867423 (E.D.Pa. July 31, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s disability-based hostile work environment claim asserted under the Americans with Disabilities Act (ADA). From the decision: As noted, Defendant argues that Plaintiff has failed to plausibly allege that the discrimination…

Read More Teacher’s ADA Disability-Based Hostile Work Environment Claim Survives Dismissal
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