Disability Discrimination

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In Marlin v. Daniel P. Driscoll, Secy’ of the Army, No. 1:21-CV-00989 (CJN), 2025 WL 3640628 (D.D.C. Dec. 16, 2025), the court, inter alia, granted defendant’s motion for summary judgment dismissing plaintiff’s disability-based hostile work environment claim. From the decision: Marlin argues that she was “subjected to a hostile work environment from at least 2012…

Read More Disability-Based Hostile Work Environment Claim Dismissed; Alleged Conduct Over Several Years Insufficient
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In Mitchiner v. City of New York, No. 162210/2024, 2025 WL 3540930 (N.Y. Sup. Ct. Dec. 05, 2025), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claim of disability discrimination under the New York City Human Rights Law. From the decision: Defendants argue that plaintiff has not pled a “disability” within the meaning…

Read More Disability Discrimination Claim, Arising From Work-Related Concussion, Survives Dismissal
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In White v. Board of Trustees of the University of Arkansas, No. 4:25-CV-00702-BSM, 2025 WL 3527401 (E.D. Ark. Dec. 9, 2025), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s hostile work environment claim asserted under the Americans with Disabilities Act (ADA). From the decision: Defendants’ motion to dismiss White’s ADA hostile work environment…

Read More ADA Hostile Work Environment Claim Survives Dismissal
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In Mildes v. Shriners Hosps. for Child., No. 2:23-CV-00356-SAB, 2025 WL 3176084 (E.D. Wash. Nov. 13, 2025), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s failure to accommodate disability claim under the Americans with Disabilities Act (ADA). From the decision: To establish a prima facie failure to accommodate claim under the…

Read More ADA Failure to Accommodate Claim Survives Summary Judgment
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In Paige v. Garvan’s Rock and Rye, LLC, Maggie Mae’s, LLC, & Garvan McCloskey, No. 24CV3189 (DLC), 2025 WL 3201762 (S.D.N.Y. Nov. 14, 2025), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s disability discrimination claims asserted under the Americans with Disabilities Act and the New York State Human Rights Law. From…

Read More Disability Discrimination Claims, Arising From Termination Following Workers Compensation Leave, Survive Summary Judgment
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A slice of cake, a cheerful song, and a brightly-colored card—workplace birthdays seem like harmless, even morale-boosting, fun. As an employment lawyer, however, I see a few too many “Happy Birthday” signs that, in a worst-case scenario, could become a sign of legal trouble. What is intended as a kind gesture can unintentionally trigger legal…

Read More ♫ Happy Lawsuit to You ♪: An Employment Lawyer’s Take on Workplace Birthdays
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In Frantz v. XL Diamonds LLC, No. 151672/2022, 2025 WL 1994469, 2025 N.Y. Slip Op. 32697(U) (N.Y. Sup Ct, New York County July 16, 2025), the court granted defendants’ motion for summary judgment on plaintiff’s disability discrimination claims under the New York State and City Human Rights Laws. From the decision: Both Executive Law §…

Read More Disability Discrimination Claims Dismissed; Brief Illness Was Not a “Disability” Under NYS or NYC Human Rights Laws
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In Guarniero v City of Yonkers, No. 2023-11290, 58292/21, 2025 N.Y. Slip Op. 04554, 2025 WL 2233306 (N.Y.A.D. 2 Dept., Aug. 06, 2025), the New York Appellate Division, Second Department held that plaintiff presented sufficient evidence of failure to accommodate his disability under the New York State Human Rights Law. From the decision: NYSHRL prohibits…

Read More Failure to Accommodate Disability Claim Against City of Yonkers Survives Summary Judgment
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In Troche v. New York City Transit Authority, No. 156731/2024, 2025 WL 1542341 (N.Y. Sup Ct, New York County May 29, 2025), the court granted defendant’s motion to dismiss plaintiff’s disability discrimination claims under the New York State and City Human Rights Laws. In sum, plaintiff alleged that the defendant committed discrimination by refusing to…

Read More Failure to Plead Known Disability Requiring Accommodation Dooms Discrimination Claims Against NYC Transit Authority
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In Huaman v. United Airlines, Inc., No. 160784/2023, 2025 WL 1158984 (N.Y. Sup Ct, New York County Apr. 21, 2025), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s complaint asserting employment discrimination under the New York State and City Human Rights Laws. From the decision: Defendants’ motion to dismiss pursuant to CPLR 3211(a)(7)…

Read More Motion to Dismiss NYSHRL & NYCHRL Discrimination Claims Denied; “Impact” Test Satisfied
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