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Spiegel v. Schulmann

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Argued: May 7, 2008

BEFORE: HALL and LIVINGSTON, Circuit Judges.*fn1

Elliot Spiegel and Jonathan Schatzberg (collectively, “Plaintiffs”) appeal from the November 30, 2006, judgment of the district court awarding summary judgment to Defendants-Appellees Daniel “Tiger” Schulmann and UAK Management Company, Inc. (“UAK”) (collectively, “Defendants”), and dismissing, inter alia, Plaintiffs’ claims that Schulmann violated the anti-retaliation provision of the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (“ADA” or the Act”), as well as the New York State Human Rights Law (“NYSHRL”), N.Y. Exec. Law § 296 et seq., and the New York City Human Rights Law (“NYCHRL”), N.Y.C. Admin. Code § 8-107, when he directed their termination from positions as instructors at Tiger Schulmann Karate Schools. We agree with the district court’s determination that there was no basis for individual liability with respect to the ADA retaliation claims made under 42 U.S.C. § 12203. We also hold that the district court correctly decided that the Plaintiffs failed to state a claim under the NYSHRL. However, with respect to the NYCHRL, we vacate and remand so that the district court may consider in the first instance whether obesity is a disability under the NYCHRL. We find the Plaintiffs’ remaining bases for appeal to be without merit. Accordingly, we affirm in part and vacate the judgment of the district court, and remand.

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