ADA Hostile Work Environment Claim Properly Dismissed; Most of Alleged Harassment Related to Plaintiff’s Sexual Orientation

In Dollinger v. New York State Insurance Fund, 2018 WL 832904 (2d Cir. Feb. 13, 2018) (Summary Order), the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s hostile work environment claim under the Americans with Disabilities Act.

From the Order:

The District Court also correctly dismissed Dollinger’s ADA hostile-work-environment claim. We have not yet decided whether hostile-work-environment claims are cognizable under the ADA. Even if such claims are cognizable, Dollinger would need to have alleged facts showing that the discriminatory treatment at issue was “sufficiently severe or pervasive to alter the conditions of [his] employment and create an abusive working environment” and that the hostility occurred because of the protected characteristic of disability. … In this case, however, most of the alleged conduct related to Dollinger’s sexual orientation, whereas only one harassing communication referred to a disability (HIV/AIDS). Dollinger has thus failed to allege sufficiently severe or pervasive conditions.

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