Failure to Accommodate Disability

In a recently-filed lawsuit, captioned Jung v. Soho House, NY Sup Ct. NY Cty. Index No. 155882/2018 (filed June 22, 2018), plaintiff Hyun Jae Jung (known on Instagram as Miju Bijou) alleges, inter alia, that defendant Soho House’s “employees denied access of the Club to Plaintiff and her emotional support animal” – a French bulldog named…

Read More Lawsuit: Public Accommodation Discrimination Claim Against Soho House Following Support Dog-Based Ejection
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In Valentine v. Brain & Spine Surgeons of New York, P.C., 17-cv-2275, 2018 WL 1871175 (S.D.N.Y. April 16, 2018), the court denied in part defendants’ motion to dismiss plaintiff’s failure-to-accommodate claim under the Americans with Disabilities Act (ADA). Plaintiff alleged, in sum, that defendant violated the ADA by firing her several days after she returned…

Read More Failure to Accommodate Disability Claim Survives Dismissal [Valentine v. Brain & Spine Surgeons of New York, P.C.]
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In Best v. Duane Reade, Inc. (2d Cir. 17-380 March 22, 2018) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s failure-to-accommodate, discrimination, and retaliation claims under the federal Americans with Disabilities Act. Here is the legal standard:[1]As usual, citations are omitted. ADA claims are analyzed under the burden-shifting framework established for discrimination claims:…

Read More Disability Discrimination Claims Properly Dismissed Against Duane Reade
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In Sefovic v. Memorial Sloan Kettering Cancer Center, 2017 WL 3668845 (S.D.N.Y. Aug. 23, 2017), the court granted defendants’ motion for summary judgment and dismissed plaintiff’s claims under, inter alia, the Americans with Disabilities Act (ADA). In sum, defendant terminated plaintiff after he failed to return to work following medical leave. Specifically: “The undisputed facts establish…

Read More Disability Discrimination Claims Dismissed, in Light of Plaintiff’s Inability to Work
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In Allen v. A.R.E.B.A. Casriel, Inc., 2017 WL 4046127 (S.D.N.Y., 2017), the court held that plaintiff’s failure-to-accommodate-disability claim survived summary judgment.[1]The court dismissed, however, plaintiff’s claims of age and race discrimination. From the decision: Defendants concede that Plaintiff was disabled and that ACI was aware of Plaintiff’s macular degeneration. (Def. 56.1 ¶ 25). Defendants argue they…

Read More Failure to Accommodate Disability (Macular Degeneration) Claim Survives Summary Judgment
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The term “reasonable accommodation” has a specific meaning in employment law. It arises in the context of disability discrimination, pregnancy discrimination, and religious discrimination. Here I will discuss its meaning in the context of disability discrimination by an employer against an employee or job applicant. The Americans with Disabilities Act, 42 U.S.C. 12101 et seq.…

Read More What Is a “Reasonable Accommodation” For a “Disability”?
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In Fatcheric v. Bartech Grp., Inc., No. 15CV9702, 2017 WL 3084418 (S.D.N.Y. July 19, 2017), the court denied defendants’ motion for summary judgment on plaintiff’s claims of unlawful termination based on her disability, in violation of the Americans with Disabilities Act, the New York State Human Rights Law, and the New York City Human Rights Law.…

Read More Disability Discrimination Claims Survive Summary Judgment, in Light of Dispute as to Whether Working On-Site Was an “Essential Function” of Plaintiff’s Job
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In Flieger v. Eastern Suffolk BOCES, No. 16-2556-CV, 2017 WL 2377853 (2d Cir. June 1, 2017) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s disability discrimination claims under the Americans with Disabilities Act. This decision touches on various issues that typically arise in these types of cases. Initially, the court held that plaintiff…

Read More 2d Circuit Affirms Dismissal of Teacher’s Disability Discrimination, Hostile Work Environment, Retaliation, and Failure-to-Accommodate Claims Against Eastern Suffolk BOCES
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In Roy v. Buffalo Philharmonic Orchestra, 16-3064-cv (2d Cir. March 23, 2017) (Summary Order), the court affirmed the dismissal, on timeliness/failure-to-exhaust-remedies grounds, of plaintiff’s claims of discrimination, retaliation, and failure to accommodate in violation of the Americans with Disabilities Act. From the Order: We conclude that the district court properly dismissed Roy’s complaint on the ground that…

Read More Discrimination Claims Properly Dismissed For Failure to Timely File EEOC Charge; Equitable Tolling Not Applied
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In Bien-Aime v. Equity Residential, No. 15-CV-1485 (VEC), 2017 WL 696695 (S.D.N.Y. Feb. 22, 2017), the court granted defendant’s motion for summary judgment as to plaintiff’s disability discrimination claims (under the Americans with Disabilities Act (ADA), the New York State Human Rights Law (NYSHRL), and the New York City Human Rights Law (NYCHRL), but denied…

Read More Manhattan Building Porter’s ADA Retaliation Claim Survives Summary Judgment; Disability Discrimination Claims Dismissed
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