Second Circuit Recognizes Hostile Work Environment Claim Under Disabilities Act
Moving to join its sibling circuits, the Second Circuit firmed up its previously assumed position that hostile work environment claims can be brought under the Americans with Disabilities Act.
March 06, 2019 at 04:18 PM
4 minute read
Hostile work environment claims are cognizable under the Americans with Disability Act, the U.S. Court of Appeals for the Second Circuit found for the first time in an opinion vacating and remanding in part a dismissed ADA claim by a Costco employee.
The panel—composed of Circuit Judges Dennis Jacobs, Peter Hall and Christopher Droney—upheld most of the claims that had been dismissed by U.S. District Judge Denis Hurley of the Eastern District of New York on summary judgment. But the panel said the hostile work environment claims made by the appellant, Christopher Fox, deserved to be heard based on adequate evidence in the record.
“This circuit has previously assumed, without deciding, that hostile work environment claims are cognizable under the ADA,” the panel wrote. “We now join our sister circuits and hold that hostile work environment claims are cognizable under the ADA.”
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