Disability Discrimination

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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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In Biggan v. City of New York et al, No. 13359, 2019-5666, 21758/14, 2021 N.Y. Slip Op. 01501, 2021 WL 966681 (N.Y.A.D. 1 Dept., Mar. 16, 2021), the court, inter alia, unanimously affirmed the dismissal of plaintiff’s employment discrimination claim. From the decision: Plaintiff, a former custodian for the New York City Police Department (N.Y.PD),…

Read More “Dope” T-Shirt Employment Discrimination Dismissal Affirmed
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In Hyacinthe v. City of New York, No. 151812/2020, 2021 WL 619320, 2021 N.Y. Slip Op. 30443(U) (N.Y. Sup Ct, New York County Feb. 17, 2021), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s disability discrimination claim under the New York City Human Rights Law. The court summarized the facts (specifically pertinent to…

Read More NYPD Officer’s Disability Discrimination Claim Survives Dismissal
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In Black v. ESPN, Inc. et al, No. 155236/2020, 2021 N.Y. Slip Op. 50118(U), 2021 WL 668760 (Sup Ct NY Cty, Feb. 19, 2021), the court denied defendants’ motion to dismiss plaintiff’s disability discrimination, hostile work environment, and retaliation claims asserted under the New York State and City Human Rights Laws. In sum, plaintiff, a…

Read More Disability Discrimination, Hostile Work Environment, & Retaliation Claims Sufficiently Alleged Against ESPN et al
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In Lettau v. 1199 Seiu Nat. Ben. Fund, No. 158020/2018, 2021 WL 143478, 2021 N.Y. Slip Op. 30122(U), 5–6 (N.Y. Sup Ct, New York County Jan. 15, 2021), the court, inter alia, granted defendant’s motion for summary judgment dismissing plaintiff’s disability discrimination claim asserted under the New York City Human Rights Law. From the decision:…

Read More Disability Discrimination Claim Dismissed; Unexcused Absences, Not Disability, Justified Termination
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In a recently-updated (December 16, 2020) document titled “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws“, the U.S. Equal Employment Opportunity Commission (EEOC) addressed (in section “K.”), the issue of vaccinations in the context of COVID-19. For example, the EEOC takes the position that: The vaccination itself…

Read More EEOC Updates Guidance Regarding Vaccinations
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