Disability Discrimination

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In Zelasko v. NYC Department of Education, No. 20-CV-5316, 2021 WL 2635121 (E.D.N.Y. June 25, 2021), the court dismissed plaintiff’s claim of disability discrimination. From the decision: In this case, the complaint does not allege facts suggesting that plaintiff is disabled within the meaning of the ADA or that she was perceived to be so…

Read More Disability Discrimination Claim Dismissed; Plaintiff’s “Concussion” Was Not an ADA “Disability”; Adverse Action Too Long After Injury
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In Polite v. Marquis Marriot Hotel et al, No. 509830/15, 2021 N.Y. Slip Op. 04046, 2021 WL 2558121 (N.Y.A.D. 2 Dept. June 23, 2021), the court affirmed the dismissal of plaintiff’s employment discrimination, unlawful retaliation, and hostile work environment claims asserted under the New York State and City Human Rights Laws. This decision is instructive…

Read More Discrimination, Hostile Work Environment, Retaliation Claims Properly Dismissed Against Marquis Marriot Hotel
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In Butrym v. Sarsick et al, 20-CV-292, 2021 WL 1927073 (N.D.N.Y. May 13, 2021), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under the Americans with Disabilities Act. Initially, the court discussed the viability of such claims under that statue: Because the ADA echoes and expressly refers to Title VII, and because…

Read More Hostile Work Environment Claim, Asserted Under the Americans with Disabilities Act, Dismissed
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In Butrym v. Sarsick et al, 20-CV-292, 2021 WL 1927073 (N.D.N.Y. May 13,  2021), the court, inter alia, held that plaintiff plausibly alleged claims that defendants failed to accommodate her disability, and terminated her because of her disability, in violation of the Americans with Disabilities Act. The court summarized plaintiff’s claims, in part, as follows:…

Read More Disability Discrimination Claims Survive Dismissal; Court Notes Denial of Plaintiff Request for Separation From Alleged Harasser
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In Ramos v. Metro-North Commuter Railroad et al, 2021 WL 1740644 (N.Y.A.D. 1 Dept., May 04, 2021), the court held that plaintiff presented enough evidence to defeat defendants’ motion for summary judgment on plaintiff’s claims of discriminatory termination, failure to accommodate, hostile work environment, and retaliation. As to plaintiff’s wrongful termination claim, the court held…

Read More Disability Discrimination, Hostile Work Environment, Retaliation Claims Survive Against Metro-North
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In Matter of New York State Division of Human Rights v. GSN Transportation et al, No. 89, TP 20-01098, 2021 N.Y. Slip Op. 02629, 2021 WL 1711190 (N.Y.A.D. 4 Dept., Apr. 30, 2021), the court (a) unanimously confirmed a determination of the New York State Division of Human Rights which found that respondents GNS Transportation…

Read More Court Upholds Finding of Disability-Based Hostile Work Environment and Award of $7,500 in Compensatory Damages Against GSN Transportation
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In Smyth v. City of New York, No. 157294/2017, 2021 WL 1667153 (N.Y. Sup Ct, New York County Apr. 28, 2021) – an employment discrimination case – the court granted defendants’ motion for a protective order, and precluded plaintiff from conducting a deposition of its Acting General Counsel Sanford Cohen, on the ground that such…

Read More Discrimination Plaintiff Not Entitled to Depose City Counsel
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In Matter of JPK Imports/Oneonta, Inc. v. New York State Div. of Human Rights, 2021 NY Slip Op 02336 (App. Div. 3d Dept. April 15, 2021) – a disability discrimination case – the court upheld the New York State Division of Human Rights’ (SDHR) imposition of a civil fine of $20,000 (and held that the…

Read More Greater Civil Fine in “Serious and Deliberate” Disability Discrimination Was Warranted
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In Pustilnik v. Battery Park City Authority et al, No. 150138/2020, 2021 N.Y. Slip Op. 21087, 2021 WL 1324212 (NY Sup. Ct. NY Cty. Apr. 8, 2021), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s claim of disability discrimination asserted under the New York City Human Rights Law.[1]The court also denied defendants’ motion to…

Read More Disability Discrimination Claim Survives Dismissal Against the Battery Park City Authority
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In Saborit v. Harlem Hospital Center Auxiliary, Inc., et al, 19-cv-4686, 2021 WL 1063241 (S.D.N.Y. March 19, 2021), the U.S. District Court for the Southern District of New York (in an opinion authored by Judge Lewis Liman) denied defendants’ motion for summary judgment on plaintiff’s disability discrimination claims asserted under the Americans with Disabilities Act,…

Read More HIV+ Plaintiff’s Disability Discrimination Claims Survive Summary Judgment Against Harlem Hospital Center
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