N.Y.U. Proceedings

Exploring New Approaches to Unsettled Legal Questions

Tag: Discrimination Law

Title II of the ADA & Public School Removals

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On March 14, 2023

In Contributions

by Ainsley McMahon*

Under the Individuals with Disabilities Education Improvement Act (“IDEA”), students with disabilities are entitled to a “free appropriate public education” provided by the state. Some states, such as Georgia, have imposed discriminatory programs that remove students with disabilities from schools altogether. For extreme programs such as these, advocates are pursuing ADA antidiscrimination claims to achieve a higher standard of education for these students, particularly where IDEA protections prove insufficient. Recent cases in Georgia indicate that these ADA claims may be a viable option for protecting disability rights and ensuring disability justice in public schools.

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Protecting the Pious: Why the Ministerial Exception Should Not Categorically Bar Hostile Work Environment Claims

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On March 2, 2023

In Contributions

by Jessica Daneshvar* 

Religious organizations are constitutionally protected from undue burden from the government. This protection has been extended to laws that shield employees from employer discrimination. This “ministerial exception” is an affirmative defense religious organizations utilize in response to employment discrimination claims made by ministers. The Supreme Court has found that such an exception is appropriate in a case of employee termination, however circuits have split on whether the exception creates a categorical bar against all types of employment discrimination claims, including hostile work environment claims. This Contribution argues that the ministerial exception as applied to hostile work environment claims that do not involve tangible employment action should be applied sparingly on a case-by-case basis to safeguard religious organizations from unconstitutional government interference while also protecting employee rights.

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Disparate Impact Claims and Federal Disability Discrimination Law

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On November 17, 2022

In Contributions

by Elizabeth Schwartz*

Together, the Americans with Disabilities Act and Section 504 of the Rehabilitation Act provide federal protections for individuals with disabilities in a wide variety of contexts. However, while parties can pursue a private right of action under these statutes, circuit courts are split on whether to recognize disparate-impact discrimination claims. This Contribution argues that Supreme Court precedent and statutory purpose require that disparate impact claims be cognizable.

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Ensuring Equality in Employment: A plaintiff alleging sexual orientation discrimination necessarily states a valid sex discrimination claim under Title VII

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On February 4, 2019

In Contributions

by Erika Murdoch*

Does a plaintiff alleging sexual orientation discrimination state a valid cause of action under Title VII of the Civil Rights Act of 1964? In this Contribution, Erika Murdock (’19) discusses whether sexual orientation discrimination is encompassed within the language of Title VII after recent EEOC and appellate court cases. Ultimately, this Contribution argues that Title VII’s prohibition of discrimination on the basis of “sex” inherently encompasses sexual orientation as a subset of the sex discrimination it bans.

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Reaffirming the ADA’s Promise: Disability Accommodation During Arrests

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On May 14, 2018

In Contributions

by Andrew Breland*

How should police officers take into account the different needs of a person with disabilities during an arrest? In this Contribution, Andrew Breland (’18) examines the role of the Americans with Disabilities Act in governing arrests and investigations by police of persons with disabilities. Ultimately, this Contribution argues that the ADA’s reasonable accommodation requirement modifies what searches and seizures of individuals with disabilities are considered reasonable under the Fourth Amendment.

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Arrests and the Americans with Disabilities Act: Towards a Unitary Reasonableness Standard

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On April 30, 2018

In Contributions

by Conor Gaffney*

How should police officers take into account the different needs of a person with disabilities during an arrest? In this Contribution, Conor Gaffney (’18) examines the role of the Americans with Disabilities Act in governing arrests and investigations by police of persons with disabilities. Ultimately, this Contribution argues that the ADA’s reasonable accommodation requirement modifies what searches and seizures of individuals with disabilities are considered reasonable under the Fourth Amendment.

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The Doctrinal Significance of Message Attribution in Compelled Speech Cases

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On April 7, 2017

In Contributions

by Jesse Klinger*

If a baker has a religious objection to same-sex marriage, would a law that doesn’t allow him to refuse to sell to a same-sex couple for their wedding violate his First Amendment rights? In this Contribution, Jesse Klinger tackles the problem of whether public accommodations laws — laws that prohibit discrimination in the provision of goods and services — impermissibly compel a person to speak. The Contribution examines the Supreme Court’s compelled speech precedents and argues that message attribution is the key issue. In particular, because public accommodations laws are content-neutral, a speaker’s First Amendment rights are violated only if one would attribute a particular message to the provider of the goods or services in question.

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Moving Beyond a Symptom-Based Test: Gender Dysphoria and the Family Medical Leave Act

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On January 17, 2017

In Contributions

by Josh Thorn*

How should courts assess whether employees suffering from symptoms associated with gender dysphoria are entitled to unpaid, job-protected leave under the Family Medical Leave Act (FMLA)? Josh Thorn (’17) explores this question, based on his experience competing at the Wagner Moot Court Competition, held at New York Law School in March 2016. The FMLA limits eligibility for leave to employees with “serious health conditions” preventing the employee from working. This Contribution urges courts to primarily consider whether the treatment required for employees diagnosed with depression and anxiety resulting from gender dysphoria — and not merely the symptoms of the condition itself — would prevent the employee from working in determining whether there exists a “serious health condition” under the FMLA.

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