Disability Discrimination

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In Burgess v. The New School University et al, 23-cv-4944 (JGK), 2024 WL 4149240 (S.D.N.Y. Sept. 11, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s failure-to-accommodate-disability claim asserted under the Americans with Disabilities Act (ADA). From the decision: Burgess next alleges that the defendants violated the ADA by failing to accommodate Burgess’s…

Read More Professor’s ADA Failure-to-Accommodate-Disability 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-based hostile work environment claims asserted under the New York State and City Human Rights Laws. From the decision: The second and fourth causes of action allege that…

Read More Disability-Based Hostile Work Environment Claims Sufficiently Alleged Under the NYS and NYC Human Rights Laws
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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 Nelson v. WW Intern., Inc., No. 155745/2020, 2024 WL 32208823 (N.Y. Sup Ct, New York County June 28, 2024), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s disability discrimination claim asserted under the New York City Human Rights Law. From the decision: A plaintiff may prove a disability discrimination claim…

Read More Disability Discrimination Claim Survives Summary Judgment
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In Sharikov v. Philips Medical Systems MR, Inc., Docket No. 23-407-cv, 2024 WL 2820927 (2d Cir. June 4, 2024), the U.S. Court of Appeals for the Second Circuit affirmed the lower court’s judgment dismissing plaintiff’s claim of disability discrimination asserted under the Americans With Disabilities Act (ADA). In sum, in this case the plaintiff alleges…

Read More 2d Circuit Affirms Dismissal of COVID-19 Related ADA “Regarded As” Disabled Claim
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In Amendola v. The City of New York, No. 501349/2023, 2024 WL 2155155 (N.Y. Sup Ct, Kings County May 13, 2024), the court denied defendant’s motion to dismiss plaintiff’s failure-to-accommodate disability discrimination claim. From the decision: Plaintiff has sufficiently pleaded that defendants failed to accommodate her disability under the City HRL. The Amended Complaint adequately…

Read More NYPD Officer Sufficiently Alleges Failure to Accommodate Disability Under the NYC Human Rights Law
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In Flint v. Atlantic Networks, LLC, No. 505043/2021, 2024 WL 1840597 (N.Y. Sup Ct, Kings County Apr. 17, 2024), the court denied defendant’s motion to dismiss plaintiff’s disability discrimination claims asserted under the New York State and City Human Rights Laws. The court began by summarizing the standard to apply when considering a pre-answer motion…

Read More Court Denies Motion to Dismiss NYSCHR, NYCHRL Disability Discrimination Claims Following Dismissal of Federal Complaint Without Prejudice
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In Mattioda v. Nelson, 2024 WL 1710665 (9th Cir. April 22, 2024), the U.S. Court of Appeals for the Ninth Circuit, inter alia, held that plaintiff (a NASA employee) plausibly alleged a disability-based hostile work environment claim in violation of the Retaliation Act of 1973, 29 U.S.C. § 791 et seq. In sum, plaintiff –…

Read More 9th Circuit Reverses Dismissal of NASA Scientist’s Disability-Based Hostile Work Environment Claim
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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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