In Regan v. City of Geneva, 136 A.D.3d 1423, 25 N.Y.S.3d 515 (N.Y. App. Div. 4th Dept. Feb. 11, 2016), the court held that plaintiff stated a claim for disability discrimination under the NYS Human Rights Law (NY Executive Law § 290 et seq.) and the federal Rehabilitation Act of 1973 (29 USC § 701…
Read More Police Officer’s 9/11 PTSD Psychological Disability Discrimination Claim Adequately AllegedThe Southern District of New York’s recent decision in Eisner v. City of New York, 15-cv-1888, provides a good overview of how courts analyze discrimination claims under the Americans with Disabilities Act (ADA) and the New York City Human Rights Law (NYCHRL). It also reaffirms the principle that, absent the critical element of causation, merely…
Read More Court Dismisses Attorney’s Disability Discrimination ClaimsIn Echeverri v. The New York City Dept. of Sanitation, No. 15 CIV. 80 (LGS), 2016 WL 427914 (S.D.N.Y. Feb. 3, 2016), the court denied defendants’ motion for summary judgment on plaintiff’s disability discrimination claims under the Americans with Disabilities Act and the NYC Human Rights Law.. This opinion is instructive on, among other things,…
Read More Sanitation Worker’s Disability Discrimination Claim Survives Summary JudgmentIn Telemaque v. Marriott International, No. 14 CIV. 6336 (ER), 2016 WL 406384 (S.D.N.Y. Feb. 2, 2016), the court (among other things) dismissed plaintiff’s disability discrimination claims under the Americans with Disabilities Act because he failed to plausibly allege that he suffered a “disability” within the meaning of the statute. Plaintiff’s allegations, in sum: First,…
Read More Court Holds That Arthritis and High Blood Pressure Were Not “Disabilities” Under the ADAIn a recent decision in the case of Vale v. Great Neck Water Pollution Control District, 14-cv-4229 (E.D.N.Y. Jan. 8, 2016), a disability discrimination and retaliation case, the court denied the motion of a non-party – a person who had allegedly discriminated against other employees, but who never worked with or supervised plaintiff – to…
Read More Testimony of Non-Party Prior Employee (and Alleged Discrimination Victim) is Relevant in Disability Discrimination and Retaliation Case, Court RulesIn Palmer v New York City Dept. of Health & Hygiene, 2016 NY Slip Op 30037(U) (Sup. Ct. N.Y. Cty. Jan. 5, 2016), the court granted defendant’s motion for summary judgment dismissing plaintiff’s complaint alleging disability discrimination. The law: A prima facie case of discrimination requires a showing by plaintiff that: [1] she is a…
Read More Absenteeism, Not Disability, Was Reason for Termination, Court HoldsIn Haight v. NYU Langone Med. Ctr., Inc., No. 13 CIV. 4993 (LGS), 2016 WL 29628 (S.D.N.Y. Jan. 4, 2016), the Southern District of New York denied defendants’ motion for summary judgment on plaintiff’s sex-based hostile work environment (sexual harassment) and disability discrimination claims, but granted it with respect to her negligent supervision/retention claims. (2014…
Read More Pediatric Nurse’s Sexual Harassment and Disability Discrimination Claims Against NYU Langone Medical Center Survive Summary JudgmentIn Magnotti v. Crossroads Healthcare Mgmt., LLC, No. 14-CV-6679 ILG RML, 2015 WL 5173528 (E.D.N.Y. Sept. 3, 2015), the court held the plaintiff, a pharmacist, plausibly alleged a claim of retaliation under the Americans with Disabilities Act. It explained: In order to state a claim for retaliation, plaintiff must allege that (1) he engaged in an…
Read More Pharmacist’s Complaint of Reduction in Hours After Surgery Supports ADA Retaliation ClaimIn Martinez v. Mount Sinai Hosp., No. 14 CIV. 2548 (PAC), 2015 WL 9450624 (S.D.N.Y. Dec. 22, 2015), the court dismissed plaintiff’s failure-to-accommodate-disability claims under the New York State Human Rights Law (NYSHRL) and New York City Human Rights Law (NYCHRL). The law: To prevail on her NYCHRL and NYSHRL claims, Plaintiff bears the initial burden…
Read More Failure to Request Specific Accommodation Results in Dismissal of Disability Discrimination (Failure to Accommodate) ClaimsIn Dooley v. JetBlue Airways Corp., No. 15-1356-CV, 2015 WL 9261293 (2d Cir. Dec. 18, 2015), a Summary Order, the Second Circuit vacated the dismissal of plaintiff’s claim of disability discrimination under the Americans with Disabilities Act (ADA). Initially, the court held, contrary to the district court, that plaintiff sufficiently alleged discrimination under the ADA.…
Read More Plaintiff Sufficiently Alleged Disability Discrimination Against JetBlue