ADA (Americans with Disabilities Act)

In Stevens v. Rite Aid Corp., No. 6:13-CV-783, 2015 WL 5602949 (N.D.N.Y. Sept. 23, 2015), a disability discrimination case, plaintiff – a pharmacist working for Rite Aid – alleged that defendant violated the Americans with Disabilities Act and the New York State Human Rights Law by discharging him because of his disability (trypanophobia), failing to provide him…

Read More Court Upholds Disability Discrimination Jury Verdict For for Needle-Fearing Pharmacist
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The Americans with Disabilities Act was signed into law on July 26, 1990. The ADA offers protections against disability discrimination in, for example, the workplace (Title I, V) and places of public accommodation (Title III). Title I of the ADA provides the following general rule: No covered entity shall discriminate against a qualified individual on the…

Read More Americans With Disabilities Act: 25 Years Later
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In Sobhi v. Sociedad Textil Lonia Corp., No. 13 CIV. 8073 AT MHD, 2014 WL 7474338 (S.D.N.Y. Dec. 30, 2014), the Southern District of New York held that plaintiff adequately alleged a “failure to accommodate” disability discrimination claim under the Americans with Disabilities Act (ADA). From the decision: Although Defendant initially granted Plaintiff eight weeks…

Read More Employer’s Firing Plaintiff During Recovery Plausibly Suggests Failure to Accommodate Under the Americans with Disabilities Act
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In Graham v. Macy’s, Inc., SDNY 14-cv-3192 (March 23, 2015), Southern District Judge Paul Engelmayer granted defendant Macys’ motion to dismiss the pro se plaintiff’s claims of discrimination based on disability (here, arthritis and bipolar disorder) under the Americans with Disabilities Act (ADA). Although Judge Engelmayer determined that plaintiff’s complaint was deficient – citing, for example,…

Read More Disability Discrimination Roadmap
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Many employment discrimination cases involve allegations by an employee (or former employee) that they have endured discriminatory treatment based on one or more of that person’s protected characteristics. But what you may not know is that there is another type of claim – referred to in the case law as “associational discrimination” – based on the…

Read More Your Sick Daughter or Your Job? Associational Discrimination Claims Survive Summary Judgment
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In Rodriguez v. City of New York, decided January 23, 2015, the Eastern District of New York held that plaintiff, a NYPD officer, sufficiently alleged a claim for disability discrimination under the Americans with Disabilities Act, the New York State Human Rights Law, and the New York City Human Rights Law. Plaintiff alleges that the…

Read More NYPD Officer Characterized as “Delusional” Plausibly Alleges Disability Discrimination Claims
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In the case of Vale v. Great Neck Water Pollution Control District, decided January 20, 2015, the Eastern District of New York held that the plaintiff sufficiently alleged various claims – including discrimination, failure to accommodate, and retaliation – under the Americans with Disabilities Act (ADA). Plaintiff alleged that she was subjected to unfair treatment in…

Read More Plaintiff Sufficiently Alleges Employment Discrimination Based on Disability (Broken Wrist)
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In Idlisan v. Mount Sinai Medical Center (decided January 9, 2015), the Southern District of New York dismissed plaintiff’s claim that he was not hired because of his race, national origin, disability, and conviction history. Title VII In dismissing plaintiff’s Title VII claims, the court – citing Second Circuit precedent for the principle that “feelings and…

Read More Court Reiterates That Mere “Perception” of Discrimination is Insufficient to Survive Summary Judgment
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In Sherman v. County of Suffolk, the Eastern District of New York addressed plaintiff’s discrimination claims under the Americans with Disabilities Act (ADA). The court held that plaintiff presented enough evidence to overcome summary judgment on his ADA discrimination claim: [W]hile the Plaintiff does not point to any direct evidence of discriminatory intent, such as derogatory…

Read More ADA-Based Discrimination and Retaliation, but not Hostile Work Environment, Claims Survive Summary Judgment
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In Lewis v. Blackman Plumbing Supply Co. 51 F. Supp. 3d 289 (SDNY 2014), the Southern District of New York denied defendants’ motion for summary judgment on plaintiff’s claims that defendants terminated him because of his hip-related disability, failed to accommodate him, and subjected him to a hostile work environment. As to plaintiff’s discriminatory-discharge claim,…

Read More Evidence, Including Derogatory Comments About Plaintiff’s Walk, Was Sufficient to Overcome Summary Judgment on Plaintiff’s Disability Discrimination Claims
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