Disability Discrimination

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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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From 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 Persons
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In 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 Affirmed
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In 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 Dismissed
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In 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 Dismissed
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In 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
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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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