Disability Discrimination

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In a recent update to its “What You Should Know” segment, the U.S. Equal Employment Opportunity Commission stated that, under the ADA, an employer may not require antibody testing before permitting employees to re-enter the workplace. It wrote: An antibody test constitutes a medical examination under the ADA. In light of CDC’s Interim Guidelines that…

Read More EEOC: Employers Can Not Require Antibody Testing Before Allowing Employees to Re-Enter the Workplace
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In Langella v. Mahopac Central School District, 2020 WL 2836760 (SDNY May 31, 2020), the court, inter alia, dismissed plaintiff’s disability discrimination claim asserted under the Americans with Disabilities Act (ADA). Among other things, this decision is instructive as to how courts apply the (relatively recently established/confirmed) “but for” causation standard under the ADA. Plaintiff…

Read More Disability Discrimination Claim Dismissed; Tinnitus, Hypertension Not “Disabilities”; Medical Conditions Not “But For Cause” of Adverse Actions
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In Laface v. Eastern Suffolk BOCES, 2020 WL 2489774 (EDNY May 14, 2020) (J. Spatt), the court, inter alia, held that plaintiff did not sufficiently allege that he suffered from a “disability” (here, a mold allergy0 within the meaning of the Americans with Disabilities Act (ADA). From the decision: Here, the Court denies the Plaintiff…

Read More Disability (Mold Allergy) Insufficiently Alleged; ADA Amendment Denied
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In Zabar v. New York City Department of Education, 2020 WL 2423450 (S.D.N.Y. May 12, 2020) (J. Gardephe), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s retaliation claim asserted under the Americans with Disabilities Act (ADA). From the decision: Plaintiff claims that she engaged in protected activity in the summer of 2016, when…

Read More NYC Teacher’s ADA Retaliation Claim Survives Dismissal
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In Ramos v. Metro-North Commuter Railroad, No. 153742/18, 2020 WL 2041968, 2020 N.Y. Slip Op. 31061(U) (N.Y. Sup Ct, New York County Apr. 03, 2020), the court denied defendants’ motion for summary judgment on plaintiff’s disability-based hostile work environment claim asserted under the New York City Human Rights Law. The court reached this conclusion, however,…

Read More Disability-Based Hostile Work Environment Claim Survives Summary Judgment Under the New York City (But Not New York State) Human Rights Law
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In Gordon v Consolidated Edison, Inc., No. 152614/2017, 2020 WL 192980 (N.Y. Sup Ct, New York County March 16, 2020), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s disability discrimination claims under the New York State and City Human Rights Laws. From the decision: Gordon has established a prima facie case…

Read More Medical Marijuana Discrimination Claims Against Con Edison Survive Summary Judgment
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In Williams v. Anne Geiger and Department of Education, 2020 WL 1304397 (S.D.N.Y. March 19, 2020), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under the Americans with Disabilities Act. In order to establish a hostile work environment claim, plaintiff was required to show two elements: (1) the workplace was permeated with…

Read More Disability-Based Hostile Work Environment Claim Dismissed
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A recent decision, Brouillard v Sunrun, Inc., No. 518516-2019, 2020 WL 998990, 2020 N.Y. Slip Op. 30663(U) (N.Y. Sup Ct, Kings County Feb. 26, 2020), illustrates the difference between the New York State Human Rights Law and the comparatively broader New York City Human Rights Law – here, specifically, in the context of a claim…

Read More Disability Discrimination Claim Arising From Medical Marijuana User Status Sufficiently Alleged Under City, But Not State, Law
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In Rella v. New York State Office of Mental Health, 2020 WL 918767 (N.D.N.Y. Feb. 26, 2020), the court, inter alia, held that plaintiff sufficiently alleged a claim for hostile work environment under the Americans with Disabilities Act. After rejecting defendant’s argument that such claims are not cognizable under the ADA, the court turned to…

Read More Disability-Based Hostile Work Environment Claim Stated, Court Holds
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In Matter of New York State Unified Ct. Sys. v. New York State Div. of Human Rights, 2020 NY Slip Op 01252 (App. Div. 1st Dept. Feb. 20, 2020), the court upheld a finding of disability discrimination on behalf of a hearing-impaired court officer. From the decision: The Commissioner’s finding of discrimination is supported by…

Read More Court Upholds Finding of Disability Discrimination of Court Officer
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