Disability Discrimination

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In Lopez v. Hollisco Owners’ Corp., No. 14-CV-3738, 2015 WL 7748358 (E.D.N.Y. Nov. 30, 2015), the court granted defendants’ motion for summary judgment on plaintiff’s disability discrimination claim under the Americans with Disabilities Act (ADA) and the NYC Human Rights Law. In sum, the court held that an employer may “condition an employee’s return to…

Read More Hepatitis Disability Discrimination Claim Dismissed Under the ADA’s “Business Necessity” Exception
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In Gorman v. Covidien, LLC, No. 13 CIV. 6486 (KPF), 2015 WL 7308659 (S.D.N.Y. Nov. 19, 2015), the court dismissed most of plaintiff’s employment discrimination claims, but permitted his disability discrimination claim under the NYC Human Rights Law to continue. This case, like all employment cases, arises from a complex tapestry of facts that, for…

Read More “Soldiers are Babies” Comment Supports PTSD Disability Discrimination Claim Under the NYC Human Rights Law
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In Davis v. New York City Dep’t of Educ., 804 F.3d 231 (2d Cir. 2015), the Second Circuit squarely rejected the argument that “the denial or reduction of a discretionary bonus is categorically insufficient to constitute an adverse employment action.” In this case, plaintiff (a substitute teacher) took a four-month leave of absence from work…

Read More Denial of “Discretionary” Bonus Can Still Be An “Adverse Employment Action”
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In Ragoo v. New York City Taxi & Limousine Comm’n, No. 101970/08, 2015 WL 6181750 (N.Y. App. Div. Oct. 22, 2015), the court affirmed the dismissal of plaintiff’s claims for retaliation and disability discrimination (failure to accommodate) under the New York State Human Rights Law because plaintiff failed to establish that she suffered an “adverse employment…

Read More Transfer and Reassignment Were Not “Adverse Employment Actions”; Disability Discrimination and Retaliation Claims Properly Dismissed
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In Guess v. University of Rochester, 2015 WL 489137 (WDNY Aug. 17, 2015), the court dismissed plaintiff’s disability discrimination complaint under the Americans with Disabilities Act. Plaintiff worked as a radiologist, and suffered from a disability (a brain aneurism). She alleges that the defendant discriminated against her by failing to provide her reasonable accommodations and…

Read More Disability Discrimination Claim Dismissed; Plaintiff Posed a “Direct Threat”
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In Stevens v. Rite Aid Corp., No. 6:13-CV-783, 2015 WL 5602949 (N.D.N.Y. Sept. 23, 2015), a disability discrimination case, plaintiff – a pharmacist working for Rite Aid – alleged that defendant violated the Americans with Disabilities Act and the New York State Human Rights Law by discharging him because of his disability (trypanophobia), failing to provide him…

Read More Court Upholds Disability Discrimination Jury Verdict For for Needle-Fearing Pharmacist
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In a recently-filed lawsuit, Silva v. Georgio Armani Corp. et al (filed NY Sup. Ct., NY Cty., Index # 159449/2015) (complaint here), plaintiff Fabio Silva – formerly defendant’s General Counsel and VP for Legal Affairs – alleges that defendant discriminated against him based on his Mexican nationality and his colon cancer diagnosis and retaliated against…

Read More Lawsuit Against Georgio Armani Alleges Disability Discrimination, National Origin Discrimination, Retaliation, and Hostile Work Environment
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In Anderson v. HotelsAB, LLC, No. 15CV712-LTS-JLC, 2015 WL 5008771 (S.D.N.Y. Aug. 24, 2015), plaintiff alleged that defendants discriminated against her in violation of the New York City Human Rights Law (NYCHRL) by refusing to hire her because of her relationship with her disabled son. This decision addresses the geographical reach of the NYCHRL. The facts, briefly:…

Read More Court Addresses Geographical Reach of NYC Human Rights Law in Associational Disability Discrimination Lawsuit
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In a recent complaint captioned Donahue v. Asia TV USA Ltd., SDNY 15-cv-06490 (filed 8/18/15), plaintiff (a 58 year-old American man) alleges discrimination on the basis of his national origin, age, and disability. As to his anti-American bias claim, the complaint refers to testimony “that [defendant’s] Indian management said that Americans were ‘fat, lazy, dying,…

Read More Lawsuit Alleges Anti-American Bias at Asia TV
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In Matter of Castillo v. Schriro (N.Y. Sup. Ct. N.Y. Cty. July 17, 2015), Judge Ling-Cohan granted the Article 78 petition filed by terminated probationary corrections officer, who alleged that she was discriminated against under the NYC Human Rights Law due to her disability and domestic violence victim status. From the decision: [R]espondents having been noticed…

Read More Court Orders Reinstatement of Corrections Officer Subject to Discrimination Because of Disability and Domestic Violence Victim Status
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