Disability Discrimination

by

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
Share This:
by

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)
Share This:
by

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
Share This:
by

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.]
Share This:
by

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:…

Read More Plaintiff, Mocked For Stuttering, States Hostile Work Environment Claim Under the Americans with Disabilities Act
Share This:
by

In Adams v. Delta Airlines, Inc., 16-cv-1986, 2018 WL 1532434 (E.D.N.Y. March 29, 2018), the court (inter alia) dismissed plaintiff’s hostile work environment claim under the Americans with Disabilities Act. The court summarized the law:[1]The court noted that the Second Circuit “has not yet decided whether a hostile work environment claim may be made under…

Read More Hostile Work Environment Claim Not Stated; Reference to Actress Held Insufficient
Share This:
by

In Adams v. Delta Airlines, Inc., 16-cv-1986, 2018 WL 1532434 (E.D.N.Y. March 29,  2018), the court (inter alia) concluded that plaintiff’s amended complaint sufficiently alleged a “materially adverse employment action” and that plaintiff stated a retaliation claim under the Americans with Disabilities Act (ADA). From the Opinion: Here, the amended complaint alleges that, on June…

Read More ADA Retaliation Claim Survives Dismissal Against Delta Airlines
Share This:
by

Below is the complaint, captioned Davis v. Rue La La, NY Sup. Ct. NY Cty. 152558/2018 (filed March 22, 2018), in which plaintiff asserts (inter alia) that defendant “treated [plaintiff] less well because it perceived her as disabled, which culminated in [plaintiff]’s termination” and that “[t]he circumstances surrounding [defendant]’s conduct towards [plaintiff], including HR’s discriminatory…

Read More Perceived-As Disability (Alcoholism) Discrimination Lawsuit Against Rue La La
Share This:
by

In Dollinger v. New York State Insurance Fund, 2018 WL 832904 (2d Cir. Feb. 13, 2018) (Summary Order), the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s hostile work environment claim under the Americans with Disabilities Act. From the Order: The District Court also correctly dismissed Dollinger’s ADA hostile-work-environment claim. We have not yet…

Read More ADA Hostile Work Environment Claim Properly Dismissed; Most of Alleged Harassment Related to Plaintiff’s Sexual Orientation
Share This:
by

In Makinen v. City of New York, 2018 WL 546409 (2d Cir. Jan. 25, 2018) (Summary Order), the Second Circuit, inter alia, affirmed the dismissal of plaintiffs’ constructive discharge claim under the Americans with Disabilities Act and the New York State Human Rights Law. In sum, plaintiffs (city police officers) alleged that they suffered discrimination…

Read More 2d Circuit Affirms Dismissal of Plaintiffs’ Constructive Discharge Claims Based on Perceived Alcoholism
Share This: