Disability Discrimination

In Watson v Emblem Health Servs., the Appellate Division First Department overturned the lower court’s decision to grant summary judgment to the employer on their disability discrimination claim under the New York City Human Rights Law. In that case, the court held: “giving plaintiff the benefit of all favorable inferences which may reasonably be drawn,…

Read More New York Appellate Division Overturned Grant of Summary Judgment to Emblem Health Services on Disability Discrimination Claims Brought Under New York City Human Rights Law

In Vig v New York Hairspray Co., L.P., the New York Appellate Division First Department upheld the New York Supreme Court decision denying the employer’s motion to dismiss the employee’s disability discrimination claims under the New York City Human Rights Law. The New York Supreme Court held as follows: “In considering a motion to dismiss…

Read More Denying Motion to Dismiss New York City Human Right Claims, Appellate Division Affirms Plaintiff Need Only Give Fair Notice of Nature of Claim and Grounds

The New York State Appellate Division, First Department affirmed summary judgment for the employer in Anonymous v Mount Sinai Hosp. on the employee’s disability discrimination claims brought under the New York City Human Rights Law. The court determined that the employee failed to demonstrate their employer was aware that the employee was disabled, as part…

Read More Doctor’s Letter Must State More Than Unspecified “Symptoms” to Put Employer on Notice of Disability Under New York City Human Rights Claim, Court Says

The New York Court of Appeals, the highest court in the State of New York, held in Jacobsen v New York City Health & Hosps. Corp. that any “impairment” constitutes a disability under City HRL, and the burden is on employer, not employee, to show unavailability of accommodation and to show accommodation would pose an…

Read More Failure to Engage in Interactive Process Forecloses Summary Judgment for Employer Under New York City Human Rights Law Claims, Court Says