Failure to Accommodate Disability

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In Safyan v. The Dept. of Educ. of the City of New York, No. 500312/2023, 2023 WL 5957086 (N.Y. Sup Ct, Kings County Sep. 13, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claims of race-based discrimination, retaliation, and hostile work environment asserted under the New York State and City Human Rights…

Read More Race Discrimination, Retaliation, Hostile Work Environment, and Failure to Accommodate Disability Claims Against NYC DOE Survive Dismissal
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In Pesantez v. The City of New York, No. 154734/2022, 2023 WL 4401359 (N.Y. Sup Ct, New York County July 07, 2023), the court, inter alia, held that plaintiff sufficiently alleged a hostile work environment claim (in part). From the decision: Plaintiff has not sufficiently plead all of his hostile work environment claims under the…

Read More Disability-Based Hostile Work Environment Claim Survives Dismissal
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In Greenbaum v. N.Y.C. Transit Auth., et al., 21-1777-cv (2d Cir. Aug. 15, 2022) (Summary Order), the U.S. Court of Appeals for the Second Circuit vacated the lower court’s order granting summary judgment to defendant on plaintiff’s claims asserted under the Americans with Disabilities Act (ADA) – including his failure-to-accommodate claim. Among other things, the…

Read More ADA Failure to Accommodate Disability (Wrist Tendonitis) Claim Survives Summary Judgment; Decision Below Vacated
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In Ibela v. Allied Universal, 2022 WL 1418886 (2d Cir. May 5, 2022), the U.S. Court of Appeals for the Second Circuit, inter alia, vacated the dismissal of plaintiff’s claim of retaliation asserted under the Americans with Disabilities Act. After affirming the dismissal of plaintiff’s discrimination claim (on the ground that plaintiff “did not allege…

Read More ADA Retaliation Claim Dismissal Vacated; Seeking a Reasonable Accommodation For Bipolar Disorder Was a “Protected Activity”
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In Cruz v. City of New York et al, No. 21-cv-1999, 2021 WL 5605139 (S.D.N.Y. Nov. 30, 2021), the court, inter alia, held that plaintiff stated claims for disability discrimination in the form of a failure to accommodate under the Americans with Disabilities Act (ADA), the New York State Human Rights Law (NYSHRL), and the…

Read More Disability Discrimination (Failure to Accommodate) Claim Sufficiently Alleged Against NY Health & Hospitals Corp.
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In Gorbea v. Verizon New York Incorporated, 2021 WL 4851389 (2d Cir. Oct. 19, 2021), the court affirmed the dismissal of plaintiff’s disability discrimination claim under the Americans with Disabilities Act. The court summarized the elements for discrimination and failure-to-accommodate claims under the ADA. For a discrimination claim, a plaintiff must show by a preponderance…

Read More ADA Disability Discrimination Claim Dismissal Affirmed; Inability to Show Up for Work Fatal
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In Butrym v. Sarsick et al, 20-CV-292, 2021 WL 1927073 (N.D.N.Y. May 13,  2021), the court, inter alia, held that plaintiff plausibly alleged claims that defendants failed to accommodate her disability, and terminated her because of her disability, in violation of the Americans with Disabilities Act. The court summarized plaintiff’s claims, in part, as follows:…

Read More Disability Discrimination Claims Survive Dismissal; Court Notes Denial of Plaintiff Request for Separation From Alleged Harasser
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In Biggan v. City of New York et al, No. 13359, 2019-5666, 21758/14, 2021 N.Y. Slip Op. 01501, 2021 WL 966681 (N.Y.A.D. 1 Dept., Mar. 16, 2021), the court, inter alia, unanimously affirmed the dismissal of plaintiff’s employment discrimination claim. From the decision: Plaintiff, a former custodian for the New York City Police Department (N.Y.PD),…

Read More “Dope” T-Shirt Employment Discrimination Dismissal Affirmed
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In Gordon v. Consolidated Edison Inc., 2021 NY Slip Op 00492 (App. Div. 1st Dept. Jan. 28, 2021), the court held that plaintiff presented sufficient evidence to proceed on her failure-to-accommodate-disability discrimination claim under the New York State Human Rights Law. In sum, plaintiff, who worked for defendant as a financial analyst, suffered from irritable…

Read More Medical Marijuana/IBD Sufferer Presents Sufficient Facts to Proceed on Failure-to-Accommodate Claim
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In a recent case, D’Alessio v. Charter Communications, LLC, 2020 WL 5638721 (EDNY Sept. 21, 2020), the court, inter alia, denied defendant’s motion for summary judgment as to plaintiff’s claim that defendant failed to accommodate plaintiff’s disability (in one respect) under the Americans with Disabilities Act and the New York City Human Rights Law. According…

Read More Failure-to-Accommodate-Disability Claim (Based on Parking Spot Request) Survives Summary Judgment Against Charter Communications
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