ADA (Americans with Disabilities Act)

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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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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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The sudden and tragic suicide of Robin Williams has reinvigorated a national discussion about depression and related conditions. What you may not know is that depression sufferers have legal protections in the workplace, specifically if they are treated unfairly because of their medical condition. Various laws – including the Americans with Disabilities Act of 1990…

Read More Depression as a “Disability” Under the Anti-Discrimination Laws
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In Dorgan v. Suffolk County Community College, 12-cv-0330 (EDNY Aug. 4, 2014), the Eastern District of New York granted defendants summary judgment on plaintiff’s claim of disability discrimination under the Americans with Disabilities Act (ADA). Plaintiff, who was diagnosed with bipolar II disorder, alleged that defendants subjected her to discrimination and terminated her based on…

Read More Decision: Bipolar Plaintiff’s Disability Discrimination Case Dismissed
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In Lyman v. New York and Presbyterian Hospital, decided July 14, 2014, the Southern District of New York denied defendants’ motion for summary judgment on plaintiff’s disability discrimination and retaliation claims. This decision illustrates that “[b]ecause direct evidence of an employer’s discriminatory intent will rarely be found, affidavits and depositions must be carefully scrutinized for circumstantial…

Read More “Problem” Employee Presents Enough Evidence of Disability Discrimination to Survive Summary Judgment
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In Petrone v. Hampton Bays Union Free School District (Summary Order dated May 28, 2014), the Second Circuit affirmed the dismissal of plaintiff’s disability discrimination claim. This case illustrates that, in order to succeed on a federal disability discrimination claim – whether based on an “adverse action” or “failure to accommodate” theory – an employee must identify an…

Read More Teacher With Mental Illness Loses Disability Discrimination Case, Where Requested Accommodation (Unpaid Leave) Was Not “Reasonable” Absent Assurance of Return
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In Graham v. Women in Need, Inc., 13-cv-07063 (May 30, 2014), the Southern District of New York denied defendant’s motion to dismiss plaintiff’s claims of disability discrimination and retaliation under the Americans with Disabilities Act. The Facts Here are the facts, as alleged by plaintiff: Plaintiff is a former employee of WIN, a not-for-profit corporation organized…

Read More Stroke Victim Adequately Alleges Disability Discrimination and Retaliation Claims Under the Americans With Disabilities Act
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The Eastern District of New York recently held, in Baron v. Advanced Asset and Property Management Solutions LLC, that plaintiff presented sufficient evidence to survive summary judgment on his disability discrimination claims under the Americans with Disabilities Act and the New York State Human Rights Law. Plaintiff, who worked for defendant as an Assistant Controller,…

Read More Disability Discrimination Claims Survive Summary Judgment
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