Rehabilitation Act

In Torres-Medina v. Wormuth, No. 21-1362 (SCC), 2022 WL 3557049 (D.Puerto Rico August 18, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s hostile work environment claim. From the decision: Torres has shown that she is disabled and that the MSC Management harassed her. To determine whether the harassment did, as she says,…

Read More Disability-Based Hostile Work Environment Claim, Based in Part on Alleged False Accusations of Misconduct, Survives Dismissal
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In a recent decision, Cummings v. Premier Rehab Keller, P.L.L.C., 142 S.Ct. 1562 (U.S. April 28, 2022), the U.S. Supreme Court held that emotional distress damages are not recoverable under the Rehabilitation Act of 1973 or the Patient Protection and Affordable Care Act (ACA), which Congress enacted under the Constitution’s “Spending Clause” (U.S. Constitution, Article…

Read More SCOTUS: Emotional Distress Damages Unavailable Under “Spending Clause” Antidiscrimination Laws
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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
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In Lee v. Carolyn Colvin, Acting Comm’r of Soc. Sec., Defendant., No. 15 CIV. 1472 (KPF), 2017 WL 486944 (S.D.N.Y. Feb. 6, 2017), the court held that plaintiff – a federal employee – sufficiently alleged a retaliation claim under the Rehabilitation Act.[1]The court dismissed several of plaintiff’s other claims, including those for hostile work environment…

Read More Plaintiff States Retaliation Claim Under Rehabilitation Act; Alleged Adverse Actions Include Transfer to Broken Desk and Failure to Promote
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In Atencio v. United States Postal Serv., No. 14 CIV. 7929 (AJP), 2016 WL 4145930 (S.D.N.Y. Aug. 4, 2016), the court granted defendant USPS’ motion for summary judgment on plaintiff’s reasonable accommodation claim, but denied its motion on plaintiff’s retaliation claim under the Rehabilitation Act (a federal statute applicable to claims of disability discrimination by…

Read More Letter Carrier’s Retaliatory Hostile Work Environment Claim Against USPS Survives Summary Judgment
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In Regan v. City of Geneva, 136 A.D.3d 1423, 25 N.Y.S.3d 515 (N.Y. App. Div. 4th Dept. Feb. 11, 2016), the court held that plaintiff stated a claim for disability discrimination under the NYS Human Rights Law (NY Executive Law § 290 et seq.) and the federal Rehabilitation Act of 1973 (29 USC § 701…

Read More Police Officer’s 9/11 PTSD Psychological Disability Discrimination Claim Adequately Alleged
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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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