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Failure to Accommodate Disability

In a recent decision, Wolfinger v. Consolidated Edison Company of New York, Inc., 17-cv-1710, 2018 WL 3637964 (E.D.N.Y. July 31, 2018), the court, inter alia, explained and clarified what, exactly, a plaintiff must allege to sufficiently plead a failure-to-accommodate claim under the Americans with Disabilities Act. The court explained: A plaintiff bringing a failure-to-accommodate claim […]

In a recently-filed lawsuit, captioned Jung v. Soho House, NY Sup Ct. NY Cty. Index No. 155882/2018 (filed June 22, 2018), plaintiff Hyun Jae Jung (known on Instagram as Miju Bijou) alleges, inter alia, that defendant Soho House’s “employees denied access of the Club to Plaintiff and her emotional support animal” – a French bulldog named […]

In Valentine v. Brain & Spine Surgeons of New York, P.C., 17-cv-2275, 2018 WL 1871175 (S.D.N.Y. April 16, 2018), the court denied in part defendants’ motion to dismiss plaintiff’s failure-to-accommodate claim under the Americans with Disabilities Act (ADA). Plaintiff alleged, in sum, that defendant violated the ADA by firing her several days after she returned […]

In Best v. Duane Reade, Inc. (2d Cir. 17-380 March 22, 2018) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s failure-to-accommodate, discrimination, and retaliation claims under the federal Americans with Disabilities Act. Here is the legal standard:[1]As usual, citations are omitted. ADA claims are analyzed under the burden-shifting framework established for discrimination claims: […]

In Allen v. A.R.E.B.A. Casriel, Inc., 2017 WL 4046127 (S.D.N.Y., 2017), the court held that plaintiff’s failure-to-accommodate-disability claim survived summary judgment.[1]The court dismissed, however, plaintiff’s claims of age and race discrimination. From the decision: Defendants concede that Plaintiff was disabled and that ACI was aware of Plaintiff’s macular degeneration. (Def. 56.1 ¶ 25). Defendants argue they […]

The term “reasonable accommodation” has a specific meaning in employment law. It arises in the context of disability discrimination, pregnancy discrimination, and religious discrimination. Here I will discuss its meaning in the context of disability discrimination by an employer against an employee or job applicant. The Americans with Disabilities Act, 42 U.S.C. 12101 et seq. […]

In Ivankovskaya v. Metro. Transportation Auth. Bus Co., No. 15-cv-5727, 2017 WL 3328166 (E.D.N.Y. Aug. 3, 2017), the court dismissed plaintiff’s hostile work environment claim under the Americans with Disabilities Act (ADA). Plaintiff worked as a bus operator for the MTA Bus Company. After being diagnosed with a disc herniation, she requested a “reasonable accommodation” […]

In Fatcheric v. Bartech Grp., Inc., No. 15CV9702, 2017 WL 3084418 (S.D.N.Y. July 19, 2017), the court denied defendants’ motion for summary judgment on plaintiff’s claims of unlawful termination based on her disability, in violation of the Americans with Disabilities Act, the New York State Human Rights Law, and the New York City Human Rights Law. […]

In Flieger v. Eastern Suffolk BOCES, No. 16-2556-CV, 2017 WL 2377853 (2d Cir. June 1, 2017) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s disability discrimination claims under the Americans with Disabilities Act. This decision touches on various issues that typically arise in these types of cases. Initially, the court held that plaintiff […]

In Roy v. Buffalo Philharmonic Orchestra, 16-3064-cv (2d Cir. March 23, 2017) (Summary Order), the court affirmed the dismissal, on timeliness/failure-to-exhaust-remedies grounds, of plaintiff’s claims of discrimination, retaliation, and failure to accommodate in violation of the Americans with Disabilities Act. From the Order: We conclude that the district court properly dismissed Roy’s complaint on the ground that […]