Failure to Accommodate Disability

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In Butrym v. Sarsick et al, 20-CV-292, 2021 WL 1927073 (N.D.N.Y. May 13,  2021), the court, inter alia, held that plaintiff plausibly alleged claims that defendants failed to accommodate her disability, and terminated her because of her disability, in violation of the Americans with Disabilities Act. The court summarized plaintiff’s claims, in part, as follows:…

Read More Disability Discrimination Claims Survive Dismissal; Court Notes Denial of Plaintiff Request for Separation From Alleged Harasser
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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 Gordon v. Consolidated Edison Inc., 2021 NY Slip Op 00492 (App. Div. 1st Dept. Jan. 28, 2021), the court held that plaintiff presented sufficient evidence to proceed on her failure-to-accommodate-disability discrimination claim under the New York State Human Rights Law. In sum, plaintiff, who worked for defendant as a financial analyst, suffered from irritable…

Read More Medical Marijuana/IBD Sufferer Presents Sufficient Facts to Proceed on Failure-to-Accommodate Claim
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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 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 Gray v. Onondaga-Cortland-Madison BOCES, 2020 WL 1029022 (N.D.N.Y. March 3, 2020), the court, inter alia, dismissed plaintiff’s “failure to accommodate disability” claims under the Americans with Disabilities Act. Specifically, plaintiff claims that she was denied access to requested lunch breaks as an accommodation for her qualified disability so as to attend to the symptoms…

Read More Failure-to-Accommodate-Disability Claims Dismissed
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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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In Woolf v. Bloomberg L.P., 16-cv-6953 (PKC), 2019 WL 1046656 (S.D.N.Y. Mar. 5, 2019), the court, inter alia, granted defendant’s motion for summary judgment dismissing plaintiff’s claim of disability discrimination under the Americans with Disabilities Act (ADA). In this case, Plaintiff alleges (inter alia) that his employer violated the ADA by terminating him on the…

Read More Stress-Related Migraines Were Not a “Disability” Under the ADA, Court Holds
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In Torres v. New York City Dept. of Education, 18-cv-2156, 2019 WL 2124891 (E.D.N.Y. May 15, 2019), the court, inter alia, denied defendant’s motion for dismissal on the pleadings (under FRCP 12(c)) of plaintiff’s failure to accommodate claim under the Americans with Disabilities Act. The court summarized the law as follows: An employer is liable…

Read More Citing Factual Issues, Court Declines to Dismiss ADA Failure to Accommodate Claim on the Pleadings
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