Failure to Accommodate Disability

In Roberman v. Alamo Drafthouse Cinemas Holdings, LLC, No. 508293/2019, 2020 N.Y. Slip Op. 20013, 2020 WL 253372 (NY Sup Ct, Kings Cty. Jan. 13, 2020), the court held that plaintiff – a hearing-impaired individual – did not state a claim for disability discrimination under the New York City Human Rights Law. Plaintiff alleged, in…

Read More Public Accommodation Discrimination Lawsuit Against Movie Theater Dismissed
Share This:

In Woolf v. Bloomberg L.P., 16-cv-6953 (PKC), 2019 WL 1046656 (S.D.N.Y. Mar. 5, 2019), the court, inter alia, granted defendant’s motion for summary judgment dismissing plaintiff’s claim of disability discrimination under the Americans with Disabilities Act (ADA). In this case, Plaintiff alleges (inter alia) that his employer violated the ADA by terminating him on the…

Read More Stress-Related Migraines Were Not a “Disability” Under the ADA, Court Holds
Share This:

In Catalano v. Fox Tel. Stas., Inc., 2019 NY Slip Op 04463 (App. Div. 1st Dept. June 6, 2019), the Appellate Division, First Department affirmed the lower court’s dismissal on summary judgment of plaintiff’s disability discrimination claims under the New York State and City Human Rights Laws. This case is instructive on the nature and…

Read More Employer Met Obligation to Have “Interactive Dialogue” Relating to Reasonably Accommodating Plaintiff’s Disability, Court Finds
Share This:

In Torres v. New York City Dept. of Education, 18-cv-2156, 2019 WL 2124891 (E.D.N.Y. May 15, 2019), the court, inter alia, denied defendant’s motion for dismissal on the pleadings (under FRCP 12(c)) of plaintiff’s failure to accommodate claim under the Americans with Disabilities Act. The court summarized the law as follows: An employer is liable…

Read More Citing Factual Issues, Court Declines to Dismiss ADA Failure to Accommodate Claim on the Pleadings
Share This:

In Hazelwood v. Highland Hospital, 17-4139 (2d Cir. March 1, 2019) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s (a deaf woman) claims of failure to accommodate and unlawful retaliation under the Americans with Disabilities Act (ADA). The court provides some guidance as to what qualifies as an ADA “reasonable accommodation”: A reasonable…

Read More 2d Circuit: Disability Accommodation (Effective, Though Not Preferred) Was ADA-Compliant
Share This:

In a recently-filed complaint – captioned Stover v. Amazon.com, LLC et al, 19-cv-00054 (E.D.Ky Feb. 15, 2019) – the plaintiff alleges that the defendants subjected him to discrimination based on his disability (Chron’s disease). Plaintiff claims, specifically, that defendants terminated him because of “time theft” due to “excessive bathroom breaks” – which, he contends, were…

Read More Disability Discrimination Lawsuit Against Amazon
Share This:

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…

Read More Employment Discrimination Claims Collaterally Estopped by Findings at 3020-a Hearing, Court Holds
Share This:

In A. Anonymous v. Mount Sinai Hospital, 2018 WL 4567945, 2018 NY Slip Op 06212 (N.Y.A.D. 1 Dept. Sept. 25, 2018), the Appellate Division, First Department unanimously affirmed the Supreme Court’s order granting defendant’s motion for summary judgment dismissing plaintiff’s disability discrimination claim under the New York City Human Rights Law. Central to the court’s…

Read More Citing Lack of Knowledge of HIV, First Department Affirms Dismissal of Disability Discrimination Claim
Share This:

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…

Read More Court Clarifies “Failure to Accommodate Disability” Employment Discrimination Claim: Wolfinger v. ConEd
Share This: