Failure to Accommodate Disability – Page 6

October 11, 2013 by mjpospis

Plaintiff Suffering From Depression Adequately Stated Disability Discrimination Claim Under New York City Human Rights Law

In Romanello v. Intesa Sanpaolo, S.p.A., decided Oct. 10, 2013, the New York Court of Appeals (the state’s highest court) reinstated plaintiff’s disability discrimination claim under the New York City Human Rights Law (NYCHRL) but held that plaintiff’s claim under the New York State Human Rights Law (NYSHRL) was properly dismissed. In doing so, it highlighted crucial…

2nd Circuit: Being On Time Is Not Necessarily an “Essential Function” Of Job

Punctuality is important, and many employers rightly take the position that excessive tardiness can be grounds for discipline, up to and including termination. However, a recent Second Circuit case holds that arriving on time is not necessarily an “essential function” of the job under the Americans with Disabilities Act of 1990 (ADA). Specifically, McMillan v.…