Sleep Apnea – Pospis Law, PLLC

June 9, 2018 by mjpospis

Court: Union’s Decision Not to Pursue Arbitration Not Shown as Being “Because of” Disability (Sleep Apnea)

In Whitehurst v. Staten Island University Hospital et al, , 18-cv-1090, 2018 WL 2744710 (E.D.N.Y. June 6, 2018), the court, inter alia, denied plaintiff’s motion to remand her case back to state court. In evaluating plaintiff’s claims of disability discrimination against the Union, the court explained: To make out a claim under either the NYCHRL…

Guidance Counselor Sufficiently Pleads Discrimination Based on Disability (Sleep Apnea) Under the NYC Human Rights Law

In Marquart v. NYC Dept. of Education (NY Cty 150327/2016 June 27, 2017), the court held that plaintiff sufficiently alleged disability discrimination under the NYC Human Rights Law, and denied defendant’s CPLR 3211(a)(7) motion to dismiss that claim (it reached the opposite conclusion, however, as to plaintiff’s age discrimination claim). Plaintiff sufficiently alleged that he…