ADA (Americans with Disabilities Act)

In Miller v. Kendall, No. 14-CV-393, 2016 WL 4472748 (W.D.N.Y. Aug. 25, 2016), the court held that plaintiff plausibly alleged disability discrimination under the Americans with Disabilities Act. The court declined to adopt a Magistrate Judge’s Report and Recommendation to dismiss plaintiff’s ADA claim. This decision addresses the issue of what constitutes “essential functions” of one’s…

Read More State Trooper’s ADA Disability Discrimination Claim Survives Dismissal, Notwithstanding Doctor’s Note
Share This:

In Durick v. New York City Dep’t of Educ., No. 15 CIV. 7441 (BMC), 2016 WL 4385908 (E.D.N.Y. Aug. 17, 2016), the court held that plaintiff’s failure-to-accommodate-disability and constructive discharge claims under the Americans with Disabilities Act survived summary judgment. Failure to Accommodate As to plaintiff’s failure to accommodate claim, the court explained: In order…

Read More Parking Space Reasonable Accommodation (Disability) Claim Survives Summary Judgment
Share This:

In Williams v. Rosenblatt Sec. Inc., No. 14-CV-4390 (JGK), 2016 WL 4120654 (S.D.N.Y. July 22, 2016), the court held that plaintiff – a former securities strategist – plausibly alleged various discrimination claims, including a hostile work environment claim based on his perceived mental illness. The court evaluated plaintiff’s claims under the Americans with Disabilities Act,…

Read More Plaintiff Plausibly Alleges Disability Discrimination/Hostile Work Environment Based on Perceived Mental Illness
Share This:

In Felmine v. Service Star, No. 13-cv-2641, 2016 WL 4005763 (E.D.N.Y. July 25, 2016), the court granted defendants’ summary judgment motion and dismissed plaintiff’s claims for (1) quid pro quo sexual harassment, (2) hostile work environment, (3) retaliation, and (4) disability discrimination. Plaintiff – a cargo handling agent – alleged that defendant “subjected him to…

Read More Court Dismisses Sexual Harassment Claims Based on Conduct of Non-Supervisory Co-Worker
Share This:

In Francis v. Wyckoff Heights Med. Ctr., No. 13-cv-2813, 2016 WL 1273235 (E.D.N.Y. Mar. 30, 2016), the court cited and applied the principles that “regular attendance at work is an essential requirement of virtually all employment” and “[t]he [Americans with Disabilities Act] does not require employers to tolerate chronic absenteeism even when attendance problems are caused…

Read More Court Rejects “Increased Sick Days” as a “Reasonable Accommodation”
Share This:

In Hinz v. Vill. of Perry, No. 15-2239-CV, 2016 WL 3435265 (2d Cir. June 20, 2016) (Summary Order), the Second Circuit affirmed the judgment of the district court dismissing his claim thta he was subjected to discrimination based on his alleged disability (Chron’s disease) in violation of Title I of the Americans with Disabilities Act.…

Read More 2nd Circuit Affirms Dismissal of Disability Discrimination Claim; Employer Lacked Knowledge of Alleged Disability (Chron’s Disease)
Share This:

In Beaton v. Metro. Transp. Auth. New York City Transit, No. 15 CIV. 8056 (ER), 2016 WL 3387301 (S.D.N.Y. June 15, 2016), the court held that plaintiff – who suffered from schizophrenia – successfully pleaded discrimination (termination) and retaliation claims, but failed to sufficiently allege a failure-to-accommodate claim. Plaintiff’s allegations, in sum: Plaintiff alleges that…

Read More Schizophrenic Plaintiff Fired for Sleeping on the Job Plausibly Alleges Disability Discrimination and Retaliation, But Not Failure-to-Accommodate, Claims
Share This:

In Gomez v. New York City Police Dep’t, No. 15-CV-4036 (AJN), 2016 WL 3212108 (S.D.N.Y. June 7, 2016), the court dismissed plaintiff’s claims under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the NYS and NYC Human Rights Laws. Election of Remedies Initially, the court held that plaintiff’s decision…

Read More Sexual Harassment (and Other) Claims Dismissed; Court Discusses and Applies Principles of Administrative Exhaustion, Election of Remedies, and Statute of Limitations
Share This:

The U.S. Equal Employment Opportunity Commission (EEOC) recently issued a publication, titled “Employer-Provided Leave and the Americans with Disabilities Act“. A reasonable accommodation is, generally, “any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities.” That can include making…

Read More EEOC Discusses Leave as a Reasonable Accommodation Under the Americans With Disabilities Act
Share This:

In a recently-filed Manhattan federal lawsuit, captioned Kantrowitz v. Procter & Gamble, SDNY 16cv02813, plaintiff alleges, among other things: [Plaintiff], a [Procter & Gamble] employee of two years in good standing who sold products geared to women at P&G’s Dolce and Gabbana [] makeup shop at Saks Fifth Avenue in Manhattan, was fired after she announced…

Read More Pregnancy Discrimination Lawsuit Against Procter & Gamble
Share This:
(212) 227-2100