In Biggan v. City of New York et al, No. 13359, 2019-5666, 21758/14, 2021 N.Y. Slip Op. 01501, 2021 WL 966681 (N.Y.A.D. 1 Dept., Mar. 16, 2021), the court, inter alia, unanimously affirmed the dismissal of plaintiff’s employment discrimination claim. From the decision: Plaintiff, a former custodian for the New York City Police Department (N.Y.PD),…
Read More “Dope” T-Shirt Employment Discrimination Dismissal AffirmedIn Hyacinthe v. City of New York, No. 151812/2020, 2021 WL 619320, 2021 N.Y. Slip Op. 30443(U) (N.Y. Sup Ct, New York County Feb. 17, 2021), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s disability discrimination claim under the New York City Human Rights Law. The court summarized the facts (specifically pertinent to…
Read More NYPD Officer’s Disability Discrimination Claim Survives DismissalIn Gordon v. Consolidated Edison Inc., 2021 NY Slip Op 00492 (App. Div. 1st Dept. Jan. 28, 2021), the court held that plaintiff presented sufficient evidence to proceed on her failure-to-accommodate-disability discrimination claim under the New York State Human Rights Law. In sum, plaintiff, who worked for defendant as a financial analyst, suffered from irritable…
Read More Medical Marijuana/IBD Sufferer Presents Sufficient Facts to Proceed on Failure-to-Accommodate ClaimIn a recent case, D’Alessio v. Charter Communications, LLC, 2020 WL 5638721 (EDNY Sept. 21, 2020), the court, inter alia, denied defendant’s motion for summary judgment as to plaintiff’s claim that defendant failed to accommodate plaintiff’s disability (in one respect) under the Americans with Disabilities Act and the New York City Human Rights Law. According…
Read More Failure-to-Accommodate-Disability Claim (Based on Parking Spot Request) Survives Summary Judgment Against Charter CommunicationsIn Blodgett v. 22 South Street Operations, LLC, 2020 WL 5523540 (2d Cir. Sept. 15, 2020) (Summary Order), the court affirmed the dismissal of plaintiff’s claims of discrimination, retaliation, and failure to accommodate in violation of the Americans with Disabilities Act of 1990 (ADA) and retaliation and interference with the exercise of rights under the…
Read More 2d Circuit Affirms Dismissal of ADA Discrimination, Retaliation, and Failure to Accommodate ClaimsIn Lester v. Mount Pleasant Cottage School Union Free School District, 2020 WL 3618969 (SDNY July 2, 2020) (J. Karas), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s failure-to-accommodate-disability claim asserted under the Americans with Disabilities Act. Applying the law to the facts, the court explained: Plaintiff alleges that he qualified as disabled…
Read More ADA Failure to Accommodate Claim Survives DismissalIn Laface v. Eastern Suffolk BOCES, 2020 WL 2489774 (EDNY May 14, 2020) (J. Spatt), the court, inter alia, held that plaintiff did not sufficiently allege that he suffered from a “disability” (here, a mold allergy0 within the meaning of the Americans with Disabilities Act (ADA). From the decision: Here, the Court denies the Plaintiff…
Read More Disability (Mold Allergy) Insufficiently Alleged; ADA Amendment DeniedIn Gray v. Onondaga-Cortland-Madison BOCES, 2020 WL 1029022 (N.D.N.Y. March 3, 2020), the court, inter alia, dismissed plaintiff’s “failure to accommodate disability” claims under the Americans with Disabilities Act. Specifically, plaintiff claims that she was denied access to requested lunch breaks as an accommodation for her qualified disability so as to attend to the symptoms…
Read More Failure-to-Accommodate-Disability Claims DismissedIn Matter of New York State Unified Ct. Sys. v. New York State Div. of Human Rights, 2020 NY Slip Op 01252 (App. Div. 1st Dept. Feb. 20, 2020), the court upheld a finding of disability discrimination on behalf of a hearing-impaired court officer. From the decision: The Commissioner’s finding of discrimination is supported by…
Read More Court Upholds Finding of Disability Discrimination of Court OfficerIn Woolf v. Strada, 2020 WL 573386 (2d Cir. Feb. 6, 2020), the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of plaintiff’s disability discrimination claim under the Americans with Disabilities Act of 1990, as amended. Specifically, the court addressed “whether Woolf’s inability to perform his particular job as a result of…
Read More Second Circuit Affirms Dismissal of Disability Discrimination Claim