Rehabilitation Act

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In Ramirez v. City of New York, No. 24-CV-1061 (AS), 2026 WL 18678 (S.D.N.Y. Jan. 2, 2026), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s retaliation (but not disability discrimination) claim under the Rehabilitation Act. From the decision: The test for retaliation under the Rehabilitation Act has four parts: (1) the…

Read More Retaliation Claim, Based on Denial of Accommodations Following Filing of Lawsuit, Survives Summary Judgment
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In Wallace v. Chris Wright, Secretary of Energy, No. CV 24-2906 (SLS), 2025 WL 3042025 (D.D.C. Oct. 31, 2025), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of retaliation under the Rehabilitation Act. From the decision: To state a retaliation claim under the Rehabilitation Act, a plaintiff must allege that: “(i) she…

Read More Retaliation Claim Asserted by Department of Energy Employee Survives Dismissal
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In Mattioda v. Nelson, 2024 WL 1710665 (9th Cir. April 22, 2024), the U.S. Court of Appeals for the Ninth Circuit, inter alia, held that plaintiff (a NASA employee) plausibly alleged a disability-based hostile work environment claim in violation of the Retaliation Act of 1973, 29 U.S.C. § 791 et seq. In sum, plaintiff –…

Read More 9th Circuit Reverses Dismissal of NASA Scientist’s Disability-Based Hostile Work Environment Claim
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In Stanley v. Elmer Phelon et al, 23-731-cv, 2024 WL 1453872 (2d Cir. April 4, 2024), the Second Circuit, inter alia, affirmed the lower court’s dismissal of plaintiff’s hostile work claim under the Rehabilitation Act. From the decision: Stanley argues that the district court erred by dismissing his hostile work environment claim under the Rehabilitation…

Read More Hostile Work Environment Claim Properly Dismissed, Absent Link Between Alleged Misconduct and Kidney Disease
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In Torres-Medina v. Wormuth, No. 21-1362 (SCC), 2022 WL 3557049 (D.Puerto Rico August 18, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claim. From the decision: Torres has shown that she is disabled and that the MSC Management harassed her. To determine whether the harassment did, as she says,…

Read More Disability-Based Hostile Work Environment Claim, Based in Part on Alleged False Accusations of Misconduct, Survives Dismissal
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In a recent decision, Cummings v. Premier Rehab Keller, P.L.L.C., 142 S.Ct. 1562 (U.S. April 28, 2022), the U.S. Supreme Court held that emotional distress damages are not recoverable under the Rehabilitation Act of 1973 or the Patient Protection and Affordable Care Act (ACA), which Congress enacted under the Constitution’s “Spending Clause” (U.S. Constitution, Article…

Read More SCOTUS: Emotional Distress Damages Unavailable Under “Spending Clause” Antidiscrimination Laws
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In Gentleman v. State Univ. of N.Y.-Stony Brook, No. 16-CV-2012(ADS)(AKT), 2017 WL 2468963 (E.D.N.Y. June 6, 2017), the court held that plaintiff sufficiently alleged a claim of discrimination under the Rehabilitation Act. In sum, the court concluded that – applying the more lenient standard for “regarded as disabled” claims – plaintiff plausibly alleged that she “was…

Read More Plaintiff Plausibly Alleges “Regarded As” Disability Discrimination Claim Against SUNY
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In Lee v. Carolyn Colvin, Acting Comm’r of Soc. Sec., Defendant., No. 15 CIV. 1472 (KPF), 2017 WL 486944 (S.D.N.Y. Feb. 6, 2017), the court held that plaintiff – a federal employee – sufficiently alleged a retaliation claim under the Rehabilitation Act.[1]The court dismissed several of plaintiff’s other claims, including those for hostile work environment…

Read More Plaintiff States Retaliation Claim Under Rehabilitation Act; Alleged Adverse Actions Include Transfer to Broken Desk and Failure to Promote
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In Atencio v. United States Postal Serv., No. 14 CIV. 7929 (AJP), 2016 WL 4145930 (S.D.N.Y. Aug. 4, 2016), the court granted defendant USPS’ motion for summary judgment on plaintiff’s reasonable accommodation claim, but denied its motion on plaintiff’s retaliation claim under the Rehabilitation Act (a federal statute applicable to claims of disability discrimination by…

Read More Letter Carrier’s Retaliatory Hostile Work Environment Claim Against USPS Survives Summary Judgment
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In Regan v. City of Geneva, 136 A.D.3d 1423, 25 N.Y.S.3d 515 (N.Y. App. Div. 4th Dept. Feb. 11, 2016), the court held that plaintiff stated a claim for disability discrimination under the NYS Human Rights Law (NY Executive Law § 290 et seq.) and the federal Rehabilitation Act of 1973 (29 USC § 701…

Read More Police Officer’s 9/11 PTSD Psychological Disability Discrimination Claim Adequately Alleged
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