Disability Discrimination

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In a recent case, D’Alessio v. Charter Communications, LLC, 2020 WL 5638721 (EDNY Sept. 21, 2020), the court, inter alia, denied defendant’s motion for summary judgment as to plaintiff’s claim that defendant failed to accommodate plaintiff’s disability (in one respect) under the Americans with Disabilities Act and the New York City Human Rights Law. According…

Read More Failure-to-Accommodate-Disability Claim (Based on Parking Spot Request) Survives Summary Judgment Against Charter Communications
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In Blodgett v. 22 South Street Operations, LLC, 2020 WL 5523540 (2d Cir. Sept. 15, 2020) (Summary Order), the court affirmed the dismissal of plaintiff’s claims of discrimination, retaliation, and failure to accommodate in violation of the Americans with Disabilities Act of 1990 (ADA) and retaliation and interference with the exercise of rights under the…

Read More 2d Circuit Affirms Dismissal of ADA Discrimination, Retaliation, and Failure to Accommodate Claims
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In Mascaro v. Brant Publications, Inc., No. 152662/2019, 2020 WL 5229247 (N.Y. Sup Ct, New York County Aug. 28, 2020) – in which plaintiff asserts claims for age and disability discrimination under the New York State Human Rights Law – the court denied plaintiff’s motion (pursuant to CPLR 3124 and 3126) to compel responses to…

Read More Pre-Preliminary Conference Discovery Motion Denied in Age/Disability Discrimination Case
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In Stryker v. HSBC Securities (USA) et al, 2020 WL 5127461 (SDNY Aug. 31, 2020), the court, inter alia, granted defendants’ motion for summary judgment as to plaintiff’s disability-based hostile work environment claims under the Americans with Disabilities Act (ADA), the New York State Human Rights Law, and New York City Human Rights Law. As…

Read More Disability-Based Hostile Work Environment Claims Dismissed; “Legitimate Reprimands” Were Not Actionable
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In a recent case, Scalercio-Isenberg v. Morgan Stanley Services Group Inc., 2020 WL 4547317 (S.D.N.Y. Aug. 6, 2020), the court, inter alia, dismissed plaintiff’s disability discrimination claim asserted under the Americans with Disabilities Act. The court summarized the law, in pertinent part, as follows: ADA disability discrimination claims are also subject to the McDonnell Douglas…

Read More Court Dismisses Failure-to-Hire ADA Disability Discrimination Claim, Citing Defendant’s Lack of Knowledge of Disability
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In Cooney v. City of New York Dept. of Sanitation, No. 650113/2013, 2020 WL 4391481 (N.Y. Sup Ct, New York County July 30, 2020), the court granted defendants’ motion for summary judgment dismissing plaintiff’s complaint asserting disability discrimination arising from the Department of Sanitation’s rejection of plaintiff as a candidate for employment. In this case,…

Read More Disability Discrimination Claim Against Dept. of Sanitation Dismissed; No “Reasonable Accommodation” For Skin Condition
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In Santiago v. 1199 SEIU et al, 2020 WL 4350048 (E.D.N.Y. July 29, 2020), the court, inter alia, dismissed plaintiff’s disability discrimination claim asserted under the Americans with Disabilities Act (ADA). Plaintiff asserted – albeit, according to the court, non-specifically – that he was subjected to discrimination because of his alchoholism. From the decision: Although…

Read More Alcoholism-Related ADA Disability Discrimination Claim Dismissed
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In Lester v. Mount Pleasant Cottage School Union Free School District, 2020 WL 3618969 (SDNY July 2, 2020) (J. Karas), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s failure-to-accommodate-disability claim asserted under the Americans with Disabilities Act. Applying the law to the facts, the court explained: Plaintiff alleges that he qualified as disabled…

Read More ADA Failure to Accommodate Claim Survives Dismissal
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In Kornmann v. City of New York Business Integrity Commission, 2020 WL 3165537 (E.D.N.Y. June 15, 2020), the court, inter alia, denied defendants’ motion for summary judgment seeking dismissal of plaintiff’s claim of disability discrimination. From the decision: For purposes of this motion, defendants do not dispute that plaintiff has satisfied the first three factors…

Read More Disability Discrimination Case Survives Summary Judgment Against City of New York Business Integrity Commission
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