845 F. Supp. 2d 539
S.D.N.Y.2012Background
- Plaintiff Barbara Katz interviewed for Savoy's executive assistant/office roles in 2010, twice with Savoy personnel.
- Savoy provided its employment application via Adecco; the form asked about medical history.
- Katz disclosed she is a breast cancer survivor and objected to the medical-history question.
- Adecco directed Katz to complete Savoy's application over her objections; she submitted a response asserting no interference with duties.
- Savoy ultimately did not hire Katz; a later voicemail from Adecco indicated she was not selected.
- This dispute involves ADA, NYSHRL, and NYCHRL claims regarding discriminatory pre-employment medical inquiries and related actions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| ADA medical inquiry liability | Katz argues Adecco facilitated Savoy's discriminatory inquiry. | Adecco contends it did not create the inquiry and should not be liable as to Savoy's form. | Genuine issues of fact; pre-employment inquiry liability remains for trial. |
| NYCHRL medical inquiry liability | Savoy/Adecco violated NYCHRL by circulat[ing] or endorsing the discriminatory form. | Adecco/Savoy challenges on ajudicated grounds; issues of aider/abetter liability remain. | Genuine issues of material fact; NYCHRL claims survive as to both entities. |
| Prima facie case and disability status | Katz's cancer in remission may constitute a disability under ADA/NYSHRL/NYCHRL; prima facie shown. | Disability status contested; remission status may negate a finding of disability. | Material facts exist on disability status under ADA/NYSHRL/NYCHRL. |
| Pretext and reason for hiring decision | Savoy's stated reasons were pretextual to mask discrimination against cancer history. | Reasons like Excel test, teamwork concerns, and non-rehire from prior employer are legitimate. | Genuine issues of material fact on pretext; summary judgment denied. |
| Damages and injury from inquiry | Katz suffered emotional distress and other damages from the inquiry. | Damage causation contested; some symptoms may predate the inquiry. | Genuine issues of material fact on damages. |
Key Cases Cited
- Conroy v. N.Y. State Dep’t of Corr. Servs., 333 F.3d 88 (2d Cir. 2003) (disability inquiry prohibitions apply pre- and post-employment)
- Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133 (S. Ct. 2000) (pretext evidence supports inference of discrimination)
- Green v. Harris Pubs., Inc., 331 F. Supp. 2d 180 (S.D.N.Y. 2004) (de minimis prima facie burden; record viewed as whole)
- Parrish v. Sollecito, 258 F. Supp. 2d 264 (S.D.N.Y. 2003) (causation and retaliation standards in discrimination claims)
- Doe v. Deer Mountain Day Camp, Inc., 682 F. Supp. 2d 324 (S.D.N.Y. 2010) (discrimination burden shifting; evidence of pretext)