Failure to Accommodate Disability

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In Chernov v. Securities Training Corp., 2017 NY Slip Op 00126 (App. Div. 1st Dept. Jan. 10, 2017), an employment (disability) discrimination case, the Appellate Division, First Department unanimously reversed a lower court’s order granting defendant’s motion for summary judgment dismissing plaintiff’s complaint. From the decision: Viewing the evidence in the light most favorable to plaintiff, the…

Read More Disability Discrimination Claims Revived in Light of Fact Issues as to Whether Employer Should Have Known of Disabling Anxiety Condition
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In Blundell v. Nihon Kohden Am., 15-cv-1503, 2017 WL 318842 (N.D.N.Y. Jan. 23, 2017), the court dismissed plaintiff’s age discrimination claims.[1]The court also denied defendant’s motion to dismiss plaintiff’s retaliation claim and his failure-to-accommodate-disability claim in part. This decision is instructive on the use, in litigation, of age-related comments as proof of age discrimination to…

Read More Court Dismisses Age Discrimination Claims, Notwithstanding Age-Related Comments
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In Scott-Robinson v. City of N.Y., No. 15-CV-09703 (NRB), 2016 WL 7378775 (S.D.N.Y. Dec. 15, 2016), the Southern District of New York (Judge Buchwald) dismissed plaintiff’s retaliation claim under the New York City Human Rights Law (NYCHRL), but held that she sufficiently alleged her failure-to-accommodate-disability claims against individual defendants. Plaintiff, a Child and Family Specialist…

Read More Failure-to-Accommodate Disability (Sciatica) Discrimination Claims Continue Against Individual Defendants; Retaliation Claims Dismissed
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In Elmessaoudi v. Mark 2 Restaurant LLC, No. 14 CIV. 4560 (PGG), 2016 WL 4992582 (S.D.N.Y. Sept. 15, 2016), the court held that plaintiff submitted sufficient evidence to survive summary judgment on his retaliation claim. From the decision: Plaintiff has presented circumstantial evidence that is sufficient to create a question of fact as to whether…

Read More Retaliation/Sexual Harassment Claim Survives Summary Judgment; Pretext Shown
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One type of disability discrimination claim recognized by the anti-discrimination laws is a so-called “failure to accommodate” claim. This article is meant to give an overview of general principles applicable; it is not intended to cover all aspects of the law on this topic. In order to establish a failure to accommodate claim under the…

Read More The “Failure to Accommodate Disability” Cause of Action
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In Miller v. Kendall, No. 14-CV-393, 2016 WL 4472748 (W.D.N.Y. Aug. 25, 2016), the court held that plaintiff plausibly alleged disability discrimination under the Americans with Disabilities Act. The court declined to adopt a Magistrate Judge’s Report and Recommendation to dismiss plaintiff’s ADA claim. This decision addresses the issue of what constitutes “essential functions” of one’s…

Read More State Trooper’s ADA Disability Discrimination Claim Survives Dismissal, Notwithstanding Doctor’s Note
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In Durick v. New York City Dep’t of Educ., No. 15 CIV. 7441 (BMC), 2016 WL 4385908 (E.D.N.Y. Aug. 17, 2016), the court held that plaintiff’s failure-to-accommodate-disability and constructive discharge claims under the Americans with Disabilities Act survived summary judgment. Failure to Accommodate As to plaintiff’s failure to accommodate claim, the court explained: In order…

Read More Parking Space Reasonable Accommodation (Disability) Claim Survives Summary Judgment
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In Epstein v. County of Suffolk & Suffolk County Community College, No. 14-CV-0937, 2016 WL 4257349 (E.D.N.Y. Aug. 11, 2016), the court dismissed plaintiff’s claims for, e.g., age discrimination, disability discrimination (failure to provide reasonable accommodation), and hostile work environment. In this post I’ll discuss the court’s evaluation of plaintiff’s failure-to-accommodate-disability and hostile work environment claims.…

Read More Professor’s Hostile Work Environment & Sleep-Related Disability Discrimination Claims Dismissed as Insufficiently Pled
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In Francis v. Wyckoff Heights Med. Ctr., No. 13-cv-2813, 2016 WL 1273235 (E.D.N.Y. Mar. 30, 2016), the court cited and applied the principles that “regular attendance at work is an essential requirement of virtually all employment” and “[t]he [Americans with Disabilities Act] does not require employers to tolerate chronic absenteeism even when attendance problems are caused…

Read More Court Rejects “Increased Sick Days” as a “Reasonable Accommodation”
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In Beaton v. Metro. Transp. Auth. New York City Transit, No. 15 CIV. 8056 (ER), 2016 WL 3387301 (S.D.N.Y. June 15, 2016), the court held that plaintiff – who suffered from schizophrenia – successfully pleaded discrimination (termination) and retaliation claims, but failed to sufficiently allege a failure-to-accommodate claim. Plaintiff’s allegations, in sum: Plaintiff alleges that…

Read More Schizophrenic Plaintiff Fired for Sleeping on the Job Plausibly Alleges Disability Discrimination and Retaliation, But Not Failure-to-Accommodate, Claims
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