Essential Functions of Job

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In Egers v. Allstate Insurance Company, 19-CV-4348 (JS)(ARL), 2024 WL 923122 (E.D.N.Y. March 4, 2024), the court denied defendant’s motion for summary judgment on plaintiff’s claim of disability discrimination asserted under the New York State Human Rights Law. From the decision: Plaintiff’s claims of employment discrimination and failure to accommodate each require the Court to…

Read More Disability Discrimination Claim Survives Summary Judgment, in Light of Factual Dispute as to Whether Job Function Was “Essential”
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In Noel v. Wal-Mart Stores, East LP, 18-1139-cv (2d Cir. March 11, 2019) (Summary Order), the Second Circuit, inter alia, vacated the lower court’s dismissal of plaintiff’s complaint. Plaintiff, who held the position of pharmacist manager, suffered from trypanophobia (or needle phobia). He sought an exemption from an alteration of his job description that would…

Read More 2d Circuit Overturns Dismissal of Disability Discrimination Complaint by Needle-Fearing Pharmacist
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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
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In Echeverri v. The New York City Dept. of Sanitation, No. 15 CIV. 80 (LGS), 2016 WL 427914 (S.D.N.Y. Feb. 3, 2016), the court denied defendants’ motion for summary judgment on plaintiff’s disability discrimination claims under the Americans with Disabilities Act and the NYC Human Rights Law.. This opinion is instructive on, among other things,…

Read More Sanitation Worker’s Disability Discrimination Claim Survives Summary Judgment
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