This month we discuss Spiegel v. Schulmann,1 in which the U.S. Court of Appeals for the Second Circuit affirmed a decision by the District Court for the Eastern District of New York holding that there was no basis for individual liability in employment-related retaliation claims under the Americans with Disabilities Act (ADA), but remanded for a determination as to whether obesity is a disability under the New York City Human Rights Law.
The per curiam decision addressed these two issues of first impression in the context of a wrongful termination suit brought by two former karate instructors. In barring the ADA retaliation suit against the individual defendant, the Second Circuit acknowledged some ambiguity in the statute, but ruled that the ADA does not provide remedies beyond those provided in Title VII, which limits claims to those against entities defined as employers.
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