Disability Discrimination

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In Baldwin v. Bank of America, N.A., the New York Supreme Court, Kings County, recently held that plaintiff adequately pled “aiding and abetting” claims against her former supervisor, Perez. Plaintiff alleged discrimination on the basis of gender, pregnancy, and disability. Her complaint contained four causes of action: three against the defendant Bank, and the fourth…

Read More Plaintiff Adequately Pleads “Aiding and Abetting” Claim Against Individual Under the New York City Human Rights Law
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In Noon v. IBM, the Southern District of New York recently ruled against defendant on plaintiff’s discrimination, failure-to-accommodate, and retaliation claims under the Americans with Disabilities Act of 1990 (ADA). Plaintiff sued her employer, International Business Machines (IBM), for violations of the Americans with Disabilities Act of 1990 (ADA). Plaintiff, who began working for IBM in…

Read More Disability Discrimination Case Against IBM Continues
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In Serdans v. New York Presbyterian Hospital, the Appellate Division, First Department permitted plaintiff’s claim that defendant failed to accommodate her disability to continue. Plaintiff, a registered nurse and nurse practitioner specializing in critical care, “suffers from a neurological disorder for which she was treated with deep brain stimulus (DBS) through electrodes permanently implanted in…

Read More Court Allows Failure to Accommodate Neurological Disability Claim to Continue
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A recent case, Cogle v. Bergstein (Supreme Court, New York County, decided Nov. 18, 2013) illustrates the pitfalls that exist when pleading defamation and discrimination claims in New York State courts. Plaintiff, a nurse, worked for the New York City Health and Hospital Corporation (HHC) at Bellevue Hospital.  She alleged that she was suspended based on defamatory…

Read More Court Dismisses Plaintiff’s Defamation and Failure-to-Accommodate Disability Discrimination Claims
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In Agosta v. Suffolk County (Nov. 8, 2013), the Eastern District of New York dismissed plaintiff’s claim under the Americans with Disabilities Act (ADA) because he failed to exhaust his administrative remedies in the Equal Employment Opportunity Commission (EEOC). Plaintiff alleged two ADA causes of action: First, the Plaintiff claims that the [defendants] maliciously, intentionally and/or recklessly violated the…

Read More Failure to Exhaust Administrative Remedies at the EEOC Leads to Dismissal of Americans with Disabilities Act Discrimination Claim
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In Kulaya v. Dunbar Armored, Inc., the Appellate Division, Second Department affirmed summary judgment for defendant on plaintiff’s disability discrimination claim under the New York State Human Rights Law. It recited the legal standard: To state a prima facie case of employment discrimination due to a disability under [the New York State Human Rights Law, codified…

Read More No Disability Discrimination Where Plaintiff Failed to Show That Position Remained Available
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In Grant v. County of Erie (Summary Order), the Second Circuit vacated the dismissal, under Federal Rule of Civil Procedure 12(b)(6), of plaintiff’s disability discrimination claim under the Americans with Disabilities Act (ADA). Ordinarily, when reviewing the facial sufficiency of a federal court complaint to determine whether it states a claim, a trial court must accept…

Read More Plaintiff Sufficiently Alleged Disability Discrimination; Allegations Regarding Qualification to Perform Job Were Not Contradictory
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Here is plaintiff Ivana Hidalgo’s disability discrimination complaint, captioned Hidalgo v. B&B Hospitality Group LLC (SDNY 13-cv-6402 filed 9/12/13) against B&B Hospitality Group LLC and others. Plaintiff claims that defendants violated the Americans with Disabilities Act and the New York State Human Rights Law by failing to reasonably accommodate her disability – an inequality in the lengths of her…

Read More Disability Discrimination Suit by Uneven-Legged Plaintiff Against Mario Batali-Owned Company
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In Garrett v. City of New York, the New York Supreme Court (NY County) recently granted defendants’ motion for summary judgment on plaintiff’s disability discrimination claims under the New York State and City Human Rights Laws. This case illustrates the extent to which illness-related absences from work may constitute a “reasonable accommodation”. Plaintiff alleged that…

Read More Absences and Failure to File Notice of Claim Doom Disability Discrimination Suit Against City of New York
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