ADA (Americans with Disabilities Act)

by

In Gentleman v. State Univ. of N.Y.-Stony Brook, No. 16-CV-2012(ADS)(AKT), 2017 WL 2468963 (E.D.N.Y. June 6, 2017), the court held that plaintiff sufficiently alleged a claim of discrimination under the Rehabilitation Act. In sum, the court concluded that – applying the more lenient standard for “regarded as disabled” claims – plaintiff plausibly alleged that she “was…

Read More Plaintiff Plausibly Alleges “Regarded As” Disability Discrimination Claim Against SUNY
Share This:
by

In Flieger v. Eastern Suffolk BOCES, No. 16-2556-CV, 2017 WL 2377853 (2d Cir. June 1, 2017) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s disability discrimination claims under the Americans with Disabilities Act. This decision touches on various issues that typically arise in these types of cases. Initially, the court held that plaintiff…

Read More 2d Circuit Affirms Dismissal of Teacher’s Disability Discrimination, Hostile Work Environment, Retaliation, and Failure-to-Accommodate Claims Against Eastern Suffolk BOCES
Share This:
by

In Toombs v. N.Y. City Hous. Auth., No. 16-CV-3352-LTS, 2017 WL 1169649 (S.D.N.Y. Mar. 27, 2017), the court held that plaintiff plausibly alleged race discrimination, hostile work environment, and retaliation, but dismissed her failure-to-accommodate “associational” disability discrimination claim under the Americans with Disabilities Act. Plaintiff, a black female NYC Housing Authority Caretaker, alleged “that she…

Read More Race Discrimination, Hostile Work Environment Claims Continue; Associational Disability Discrimination Claim Dismissed
Share This:
by

In James v. Gurneys Inn Resort & Spa Ltd., No. 16-CV-6813(JS)(ARL), 2017 WL 1483528 (E.D.N.Y. Apr. 25, 2017), the court held that plaintiff’s complaint did not plausibly allege employment discrimination based on his gender, age, or disability. “The sine qua non of a gender-based [or age or disability-based] discriminatory action claim under Title VII [or the…

Read More Employment Discrimination Claims Dismissed; Complaint Did Not Allege Non-Preferential Treatment, Age- or Gender-Based Remarks, Etc.
Share This:
by

In Roy v. Buffalo Philharmonic Orchestra, 16-3064-cv (2d Cir. March 23, 2017) (Summary Order), the court affirmed the dismissal, on timeliness/failure-to-exhaust-remedies grounds, of plaintiff’s claims of discrimination, retaliation, and failure to accommodate in violation of the Americans with Disabilities Act. From the Order: We conclude that the district court properly dismissed Roy’s complaint on the ground that…

Read More Discrimination Claims Properly Dismissed For Failure to Timely File EEOC Charge; Equitable Tolling Not Applied
Share This:
by

In Bien-Aime v. Equity Residential, No. 15-CV-1485 (VEC), 2017 WL 696695 (S.D.N.Y. Feb. 22, 2017), the court granted defendant’s motion for summary judgment as to plaintiff’s disability discrimination claims (under the Americans with Disabilities Act (ADA), the New York State Human Rights Law (NYSHRL), and the New York City Human Rights Law (NYCHRL), but denied…

Read More Manhattan Building Porter’s ADA Retaliation Claim Survives Summary Judgment; Disability Discrimination Claims Dismissed
Share This:
by

In Stevens v. Rite Aid Corp., No. 15-277(L), 2017 WL 1055566 (2d Cir. Mar. 21, 2017), the Second Circuit reversed a lower court decision in favor of the plaintiff on his wrongful termination and retaliation claims, and affirmed its dismissal of plaintiff’s failure-to-accommodate claim, under the Americans with Disabilities Act (ADA) and state law. Plaintiff, a pharmacist, suffers…

Read More 2d Circuit Rules Against Needle-Fearing Pharmacist on Disability Discrimination Claims
Share This:
by

In Paxton v. Fluor Enterprises, Inc., No. 15-cv-3737, 2017 WL 875856 (S.D.N.Y. Mar. 3, 2017) (J. Cote), the court granted defendant’s motion for summary judgment on plaintiff’s Americans with Disabilities Act and New York State Human Rights Law (NYSHRL) claims, as her medical condition – birth with a cleft lip and palate – was not…

Read More Disability (Cleft Lip and Palate) Discrimination Claims Dismissed; Retaliation Claims Survive Summary Judgment
Share This:
by

The Southern District of New York’s recent decision in McCray v. Project Renewal, Inc., 15-cv-8494, 2017 WL 715010 (S.D.N.Y. Feb. 22, 2017) (Judge Caproni) serves as another reminder of the procedural hurdles that must be overcome in order to assert an employment discrimination claim in federal court. Plaintiff, proceeding pro se, sued his former employer, Defendant Project Renewal,…

Read More Court Dismisses ADA Disability Discrimination Claim as Unexhausted, Title VII Race Discrimination Claim as Insufficiently Pled
Share This:
by

In Ciulla-Noto v. Xerox Corp., No. 16-CV-6362-FPG, 2017 WL 491688 (W.D.N.Y. Feb. 7, 2017), the court dismissed plaintiff’s retaliation claim under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. In sum, plaintiff filed an EEOC charge alleging disability and gender discrimination. About a year later, plaintiff was involved in an altercation with…

Read More Court Dismisses Retaliation Claim; Termination Closely Followed Plaintiff’s Involvement in Altercation at Work
Share This: