Failure to Accommodate Disability – Page 9

October 15, 2013 by mjpospis

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

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…

Plaintiff Suffering From Depression Adequately Stated Disability Discrimination Claim Under New York City Human Rights Law

In Romanello v. Intesa Sanpaolo, S.p.A., decided Oct. 10, 2013, the New York Court of Appeals (the state’s highest court) reinstated plaintiff’s disability discrimination claim under the New York City Human Rights Law (NYCHRL) but held that plaintiff’s claim under the New York State Human Rights Law (NYSHRL) was properly dismissed. In doing so, it highlighted crucial…

2nd Circuit: Being On Time Is Not Necessarily an “Essential Function” Of Job

Punctuality is important, and many employers rightly take the position that excessive tardiness can be grounds for discipline, up to and including termination. However, a recent Second Circuit case holds that arriving on time is not necessarily an “essential function” of the job under the Americans with Disabilities Act of 1990 (ADA). Specifically, McMillan v.…