ADA (Americans with Disabilities Act)

In Solomon v. County of Nassau, No. 20-cv-5227, 2021 WL 5631766 (E.D.N.Y. Dec. 1, 2021), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of disability discrimination asserted under the Americans with Disabilities Act (ADA). The court summarized the black-letter law regarding discrimination based on (including failure to accommodate) one’s “disability”: Discrimination under…

Read More ADA Discrimination Claim Sufficiently Alleged; Facts Indicated “Animosity” to Accommodate Plaintiff’s Disability
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In Dolac v. County of Erie et al, 2021 WL 5267722 (2d Cir. Nov. 12, 2021), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s claim for “associational discrimination” asserted under the Americans with Disabilities Act. The court summarized the general law as follows: [The ADA prohibits, among…

Read More Dismissal of ADA “Associational” Disability Discrimination Claim Affirmed
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In Woolf v. Bloomberg L.P., No. 155152/2020, 2021 WL 4427372 (N.Y. Sup Ct, New York County Sep. 24, 2021), the court considered whether and to what extent a prior federal court decision – which dismissed the plaintiff’s disability discrimination claim under the Americans with Disabilities Act – prohibits the plaintiff (under principles of collateral estoppel)…

Read More Migraine-Disability Case Dismissed Against Bloomberg L.P.
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In Hawkins-El v. NYC Transit Authority, 18-cv-07167, 2021 WL 4222400 (EDNY Sept. 16, 2021), the court, inter alia, dismissed plaintiff’s disability-based hostile work environment claim (asserted under the Americans with Disabilities Act) against the New York City Transit Authority. Plaintiff identified twelve incidents that he alleged created a hostile work environment, including plaintiff’s superintendent (Micelotta)…

Read More Hearing Disability Hostile Work Environment Claim Dismissed Against NYC Transit Authority
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In Manson v. Careington International Corporation, 4:20-CV-00916, 2021 WL 3912536 (E.D. Tex. Aug. 6, 2021), the court held that plaintiff’s alleged “love/sex addiction” did not qualify as a “disability” under the Americans with Disabilities Act. From the decision: Defendant avers, in reliance on the statutory text, that Plaintiff’s “love/sex addiction” cannot give rise to a…

Read More “Love/Sex Addiction” is Not an ADA “Disability”, Says Texas Federal Court?
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In Gates v. City of New York et al, 20 Civ. 3186, 2021 WL 3774189 (S.D.N.Y. Aug. 25, 2021), the court, inter alia, dismissed plaintiff’s claim of disability discrimination under the Americans With Disabilities Act. Plaintiff alleged that defendants discriminated against him on the basis of his perceived disability, namely, “depression/suicidal.” After outlining the “black…

Read More Court Dismisses NYPD Officer’s “Regarded As” Disability Discrimination Claim
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In Modica v. N.Y.C. Dept. of Education et al, 20-CV-4834, 2021 WL 3408587 (S.D.N.Y. Aug. 4, 2021), the court, inter alia, held that the plaintiff, a teacher, sufficiently alleged retaliation claims under the Americans with Disabilities Act, the Rehabilitation Act, the New York State Human Rights Law, and the New York City Human Rights Law.…

Read More Teacher’s Retaliation Claim Proceeds Under Americans With Disabilities Act and Related Statutes
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In Ibela v. Allied Universal, 20-cv-3800, 2021 WL 3077482 (S.D.N.Y. July 20, 2021), the court held that plaintiff’s failure to specify his “disability” was a fatal pleading defect, resulting in the dismissal of his complaint alleging disability discrimination under the Americans with Disabilities Act. From the decision: In his Amended Complaint, Plaintiff never specified what…

Read More Failure to Specify Disability Results in Dismissal of ADA Discrimination Complaint
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In Hamilton v. Westchester County et al, No. 20-1058-pr, 2021 WL 2671311 (2d Cir. June 30, 2021), a case brought by an inmate and arising under Title II of the Americans with Disabilities Act (relating to public services, programs, and activities), the Second Circuit held that the term “disability” within the meaning of the ADA…

Read More “Temporary” Injuries May Constitute “Disabilities” Under the Americans With Disabilities Act, Court Holds
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In Zelasko v. NYC Department of Education, No. 20-CV-5316, 2021 WL 2635121 (E.D.N.Y. June 25, 2021), the court dismissed plaintiff’s claim of disability discrimination. From the decision: In this case, the complaint does not allege facts suggesting that plaintiff is disabled within the meaning of the ADA or that she was perceived to be so…

Read More Disability Discrimination Claim Dismissed; Plaintiff’s “Concussion” Was Not an ADA “Disability”; Adverse Action Too Long After Injury
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