Alcoholism as Disability

In Santiago v. 1199 SEIU et al, 2020 WL 4350048 (E.D.N.Y. July 29, 2020), the court, inter alia, dismissed plaintiff’s disability discrimination claim asserted under the Americans with Disabilities Act (ADA). Plaintiff asserted – albeit, according to the court, non-specifically – that he was subjected to discrimination because of his alchoholism. From the decision: Although…

Read More Alcoholism-Related ADA Disability Discrimination Claim Dismissed
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In Adams v. Delta Airlines, Inc., 16-cv-1986, 2018 WL 1532434 (E.D.N.Y. March 29,  2018), the court (inter alia) concluded that plaintiff’s amended complaint sufficiently alleged a “materially adverse employment action” and that plaintiff stated a retaliation claim under the Americans with Disabilities Act (ADA). From the Opinion: Here, the amended complaint alleges that, on June…

Read More ADA Retaliation Claim Survives Dismissal Against Delta Airlines
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Below is the complaint, captioned Davis v. Rue La La, NY Sup. Ct. NY Cty. 152558/2018 (filed March 22, 2018), in which plaintiff asserts (inter alia) that defendant “treated [plaintiff] less well because it perceived her as disabled, which culminated in [plaintiff]’s termination” and that “[t]he circumstances surrounding [defendant]’s conduct towards [plaintiff], including HR’s discriminatory…

Read More Perceived-As Disability (Alcoholism) Discrimination Lawsuit Against Rue La La
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In Makinen v. City of New York, 2017 NY Slip Op 07208, 2017 WL 4621717 (N.Y. Ct. App. Oct. 17, 2017) (J. Fahey), the Court of Appeals of New York – the state’s highest court – addressed the following certified question: Do sections 8–102(16)(c) and 8–107(1)(a) of the New York City Administrative Code preclude a plaintiff…

Read More NY Highest Court: Discrimination Based on Perception of Untreated Alcoholism Not Actionable Under the NYC Human Rights Law
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In Dineley v. Coach, Inc., No. 16-cv-3197 (DLC), 2017 WL 2963499 (S.D.N.Y. July 11, 2017), the court denied defendant’s motion for summary judgment on plaintiff’s hostile work environment claim based on her disability (alcoholism). Initially, the court noted that while the Second Circuit has not yet decided whether the Americans with Disabilities Act (ADA) provides…

Read More Hostile Work Environment Claim, Based on Alcoholism Disability, Survives Summary Judgment
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In Makinen v. City of New York (2d Cir. 16-973 May 22, 2017), the court certified the following question to the New York Court of Appeals: Do sections 8‐102(16)(c) 7 and 8‐107(1)(a) of the New York City Administrative Code preclude a plaintiff from bringing a disability discrimination claim based solely on a perception of untreated alcoholism? This…

Read More 2nd Circuit Certifies Question to New York Court of Appeals Regarding Disability Discrimination Claims of “Perceived Alcoholism”
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In Makinen v. City of New York, No. 111CV07535ALCAJP, 2016 WL 880194 (S.D.N.Y. Mar. 1, 2016), the Southern District of New York upheld a jury verdict, largely in plaintiffs NYPD officers’ favor, that defendants them to discrimination based on their perceived disability (here, alcoholism). In sum, plaintiffs, who denied having issues with alcohol, were separately referred…

Read More Court Upholds Jury Verdict of Discrimination Based on Perceived Disability (Alcoholism)
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In Cullen v. Verizon Communications, No. 14-CV-464S, 2014 WL 6627494 (W.D.N.Y. Nov. 21, 2014), the Western District of New York dismissed, under Fed. R. Civ. P. 12(b)(6), plaintiff’s complaint alleging disability discrimination under the Americans with Disabilities Act of 1990 (as amended) (ADA) and the New York State Human Rights Law. Here are the facts,…

Read More Recent Court Decision is Instructive as to the Circumstances Under Which Alcoholism Constitutes a “Disability” Under the Anti-Discrimination Statutes
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