Disability Discrimination

From Schneider v. Wal-Mart Stores, Inc. 2019 WL 294309 (S.D.N.Y. Jan. 23, 2019): [T]he Court will examine whether Defendants’ stated reason for Plaintiff’s termination, his accumulation of four written coachings in a twelve-month period, is mere pretext for discrimination. Pretext may be demonstrated by additional evidence that the employer’s proffered reason is not credible or…

Read More Written “Coachings” Were Not Pretext For Discrimination; Disability Discrimination Claim Dismissed on Summary Judgment

In McElroy v. The Dept. of Educ. of the City of New York, No. 160689/2017, 2019 WL 132532 (Sup Ct, New York County Jan. 08, 2019), the court (inter alia) denied defendant’s motion to dismiss, as insufficiently alleged, plaintiff’s claim that she was subjected to a “hostile work environment” because of her alleged disability (here, obesity).…

Read More Obesity-Related Hostile Work Environment Claim Survives Dismissal Under NYC Human Rights Law

In Duarte v. St. Barnabas Hospital, 15-CV-6824, 2018 WL 4440501 (S.D.N.Y. Sept. 17, 2018) – a disability discrimination case – the court held, inter alia, that a jury award of $750,000 for punitive damages was too high, and that $125,000 was more appropriate. The court explained, inter alia, that “[u]nder the [New York City Human Rights…

Read More Court Explains Remittitur of $750,000 Punitive Damages Award in Disability Discrimination Case

In Duarte v. St. Barnabas Hospital, 15-CV-6824, 2018 WL 4440501 (S.D.N.Y. Sept. 17, 2018) – a disability discrimination case – the court held, inter alia, that a jury award of $624,000 for compensatory/emotional distress damages was too high, and that $125,000 was more appropriate. To do this, the court employed the procedural mechanism of “remittitur.” After explaining…

Read More Court Explains Remittitur of $624,000 Emotional Distress Damages Award to $125,000 in Disability Discrimination Case

Federal, state, and local anti-discrimination laws prohibit discrimination based on, among other factors, “disability.” That term is, in turn, defined in the statutes themselves. For example, the Americans with Disabilities Act of 1990, 42 U.S.C.A. § 12101 et seq., defines a “disability” as: “(A) a physical or mental impairment that substantially limits one or more major…

Read More Is Obesity a “Disability” Under the Anti-Discrimination Laws?

In Matter of 130-10 Food Corp. v. New York State Div. of Human Rights, 2018 NY Slip Op 08123 (App. Div. 2nd Dept. Nov. 28, 2018), the court held that employment (disability) discrimination claim should be dismissed on statute-of-limitations grounds. The court explained: “Pursuant to Executive Law § 297(5), a complainant seeking redress under the [New…

Read More Disability Discrimination Claim Dismissed Against One Respondent as Time Barred; “Relation Back” Doctrine Inapplicable

From Perez v. Mason Tenders District Council, 17-3896 (2d Circuit Nov. 21, 2018) (Summary Order): Perez concedes in her opening brief, as she did before the district court, that her complaint was filed outside the 90-day window she had from receiving the EEOC’s rightto-sue letter to bring her claim. Nevertheless, she maintains that the limitations…

Read More ADA Disability Discrimination Claim Properly Dismissed as Filed Beyond the 90-Day EEOC Notice

In Vitti v Macy’s Inc., No. 152875/2018, 2018 WL 5787308, 2018 N.Y. Slip Op. 32809(U) (Sup Ct, New York County Nov. 05, 2018), the court granted defendant’s motion to dismiss plaintiff’s claims for disability discrimination and retaliation under the New York State and City Human Rights Laws. This case was not decided based on the merits,…

Read More Disability Discrimination & Retaliation Claims Dismissed on “Procedural” Grounds

In Schmitt v. City of New York et al, 15-CV-05992, 2018 WL 5777019 (E.D.N.Y. Nov. 1, 2018), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s disability-related hostile work environment claims. This decision teaches, among other things, that the facts underlying such claims must be evaluated as a whole, rather than piecemeal.…

Read More Disability-Related Hostile Work Environment Claims Survive Summary Judgment