Disability Discrimination

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In Matter of 130-10 Food Corp. v. New York State Div. of Human Rights, 2018 NY Slip Op 08123 (App. Div. 2nd Dept. Nov. 28, 2018), the court held that employment (disability) discrimination claim should be dismissed on statute-of-limitations grounds. The court explained: “Pursuant to Executive Law § 297(5), a complainant seeking redress under the [New…

Read More Disability Discrimination Claim Dismissed Against One Respondent as Time Barred; “Relation Back” Doctrine Inapplicable
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In Schmitt v. City of New York et al, 15-CV-05992, 2018 WL 5777019 (E.D.N.Y. Nov. 1, 2018), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s disability-related hostile work environment claims. This decision teaches, among other things, that the facts underlying such claims must be evaluated as a whole, rather than piecemeal.…

Read More Disability-Related Hostile Work Environment Claims Survive Summary Judgment
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In Dooley v. JetBlue Airways Corp., 17-2899 (2d Cir. Sept. 25, 2018) (Summary Order) affirmed the district court’s summary judgment dismissal,[1]Dooley v. JetBlue Airways Corp., No. 14-CV-4432, 2017 WL 3738721 (S.D.N.Y. Aug. 29, 2017.) following discovery, of plaintiff’s disability discrimination claim under the Americans with Disabilities Act (ADA). The court explained, inter alia: “Although Dooley disputes…

Read More Second Circuit Affirms Dismissal of Disability Discrimination Claim Against JetBlue
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In A. Anonymous v. Mount Sinai Hospital, 2018 WL 4567945, 2018 NY Slip Op 06212 (N.Y.A.D. 1 Dept. Sept. 25, 2018), the Appellate Division, First Department unanimously affirmed the Supreme Court’s order granting defendant’s motion for summary judgment dismissing plaintiff’s disability discrimination claim under the New York City Human Rights Law. Central to the court’s…

Read More Citing Lack of Knowledge of HIV, First Department Affirms Dismissal of Disability Discrimination Claim
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From Matter of New York State Div. of Human Rights v. International Fin. Servs. Group, 2018 NY Slip Op 04673 (App. Div. 1st Dept. June 26, 2018): Determination of petitioner New York State Division of Human Rights (DHR), dated May 19, 2015, granting the complaint for disability discrimination, awarding complainant $64,436.03 in back pay and $10,000 for…

Read More Disability Discrimination Awards For Back Pay, Emotional Distress Upheld
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In Melendez v. Cablevision Systems Corp., 17-cv-9161, 2018 WL 2727890 (S.D.N.Y. June 6, 2018), the court dismissed plaintiff’s disability discrimination claim under the Americans with Disabilities Act (ADA). While the court deemed plaintiff’s complaint insufficient, it gives an indication as to what allegations might suffice. From the decision: [T]he complaint does not allege, even in…

Read More Disability Discrimination Claim Dismissed Against Cablevision
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In Reveyosos v. Town Sports Intl., LLC, 2018 NY Slip Op 04441 (App. Div. 1st Dept. June 14, 2018), a jury issued a verdict for plaintiff on her disability discrimination claim under the NYC Human Rights Law. The trial court granted defendant’s motion to set aside the jury verdict as against the weight of the evidence…

Read More Disability Discrimination Jury Verdict for Plaintiff Remains; No Undue Hardship Shown
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In Whitehurst v. Staten Island University Hospital et al, , 18-cv-1090, 2018 WL 2744710 (E.D.N.Y. June 6, 2018), the court, inter alia, denied plaintiff’s motion to remand her case back to state court. In evaluating plaintiff’s claims of disability discrimination against the Union, the court explained: To make out a claim under either the NYCHRL…

Read More Court: Union’s Decision Not to Pursue Arbitration Not Shown as Being “Because of” Disability (Sleep Apnea)
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Among the different types of discrimination prohibited by the Americans with Disabilities Act is so-called “associational discrimination.” Specifically, the ADA, inter alia, prohibits an employer from excluding or otherwise denying equal jobs or benefits to a qualified individual because of the known disability of an individual with whom the qualified individual is known to have…

Read More Court Explains 2d Circuit Standard for “Associational Discrimination” Under the ADA
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In Valentine v. Brain & Spine Surgeons of New York, P.C., 17-cv-2275, 2018 WL 1871175 (S.D.N.Y. April 16, 2018), the court denied in part defendants’ motion to dismiss plaintiff’s failure-to-accommodate claim under the Americans with Disabilities Act (ADA). Plaintiff alleged, in sum, that defendant violated the ADA by firing her several days after she returned…

Read More Failure to Accommodate Disability Claim Survives Dismissal [Valentine v. Brain & Spine Surgeons of New York, P.C.]
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