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 AffirmedIn 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 DismissalIn 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 alIn 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 TerminationIn 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 VaccinationsFrom Fernandes v Jadah Carroll, LLC, No. 12665, 158642/19, 2020-02599, 2020 N.Y. Slip Op. 07669, 2020 WL 7391276 (N.Y.A.D. 1 Dept., Dec. 17, 2020): Defendants demonstrated conclusively that they were not subject to the New York City Human Rights Law’s prohibition on discrimination in employment based on disability because they employed fewer than four persons…
Read More NYC Human Rights Law Disability Discrimination Claim Dismissed; Defendants Employed Fewer Than Four PersonsIn Wolfe–Santos v NYS Gaming Commission, No. 12467, 160963/16, 2018-6103, 2020 N.Y. Slip Op. 06976, 2020 WL 6877365 (N.Y.A.D. 1 Dept., Nov. 24, 2020), the Appellate Division, First Department affirmed the dismissal of plaintiff’s disability discrimination claim under the New York City Human Rights Law. From the decision: The complaint fails to state a cause…
Read More Disability Discrimination Complaint Dismissal Against NYS Gaming Commission AffirmedIn Correa v. City of New York, 2020 NY Slip Op 06383 (NY App. Div. 1 Dept. Nov. 10, 2020), the Appellate Division, First Department affirmed the dismissal of plaintiff’s disability discrimination claim under the New York State and City Human Rights Laws. From the decision: Plaintiff alleges that defendants discriminated against her on the…
Read More Disability Discrimination Claim, Arising From Depression Disclosure, Properly DismissedIn Stephens v. New York State Division of Human Rights, No. 100699/18, 12163, 2019-5430, 2020 N.Y. Slip Op. 06038, 2020 WL 6163900 (N.Y.A.D. 1 Dept., Oct. 22, 2020), the court, inter alia, upheld the dismissal (by the NYS Division of Human Rights) of the petitioner’s disability discrimination claims. Here, the NYSDHR issued a determination of…
Read More Disability Discrimination Claims, Based on “Invisible” or “Hidden” Disability (Brain Injury), Properly DismissedIn Dipinto v. Westchester County et al, 2020 WL 6135902 (S.D.N.Y. Oct. 19, 2020), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s disability-related hostile work environment claims asserted under the Americans with Disabilities Act and the New York State Human Rights Law. In sum, plaintiff alleged that he suffered mistreatment after he injured…
Read More County Employee States Disability-Based Hostile Work Environment Claim Following Foot Injury