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ADA (Americans with Disabilities Act)

Sadly, George H.W. Bush – the 41st President of the United States – died on November 30, 2018. One of his accomplishments was his signing into law the Americans with Disabilities Act of 1990, 42 USC § 12101 et seq., on July 26, 1990. The ADA – which was amended/overhauled in 2008 – is a significant […]

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 […]

In Ferraro v. New York City Department of Education, 2018 WL 5881663 (2d Cir. Nov. 9, 2018) (Summary Order), the court affirmed the district court’s dismissal of plaintiff’s claims of disability discrimination, retaliation, and hostile work environment pursuant to the Americans with Disabilities Act of 1990, New York State Human Rights Law, and the New York City […]

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, […]

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. […]

In Dooley v. JetBlue Airways Corp., 17-2899 (2d Cir. Sept. 25, 2018) (Summary Order) affirmed the district court’s summary judgment dismissal,[1]Dooley v. JetBlue Airways Corp., No. 14-CV-4432, 2017 WL 3738721 (S.D.N.Y. Aug. 29, 2017.) following discovery, of plaintiff’s disability discrimination claim under the Americans with Disabilities Act (ADA). The court explained, inter alia: “Although Dooley disputes […]

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 Agostini v. EmblemHealth, Inc. et al, 16-cv-7119, 2018 WL 3350324 (S.D.N.Y. July 9, 2018), the court held that plaintiff was entitled to pursue her claims in federal court, notwithstanding the existence of an arbitration provision in the Collective Bargaining Agreement (CBA) between her union and her employer. Here’s the law, as summarized by the […]

Among the different types of discrimination prohibited by the Americans with Disabilities Act is so-called “associational discrimination.” Specifically, the ADA, inter alia, prohibits an employer from excluding or otherwise denying equal jobs or benefits to a qualified individual because of the known disability of an individual with whom the qualified individual is known to have […]

In Salas v. New York City Department of Investigation, 2018 WL 1614339, 16-cv-8573 (S.D.N.Y. March 30, 2018), the court (inter alia) denied defendant’s motion to dismiss, and held that plaintiff – who suffered from a stutter – stated a claim for a hostile work environment under the Americans with Disabilities Act (ADA). From the decision: […]