United States Second Circuit

In an action claiming that defendants violated the anti-retaliation provision of the Americans with Disabilities Act (ADA) and related state laws by terminating plaintiffs as karate instructors, summary judgment for defendants is affirmed in part where: 1) the district court properly concluded that there is no individual liability for retaliation claims brought under the ADA; and 2) the district court correctly determined that plaintiffs failed to state a claim under the New York State Human Rights Law (NYSHRL). However, the judgment is vacated in part where the district court needed to consider in the first instance whether obesity was a disability under the New York City Human Rights Law (NYCHRL).

Appellate Information

• Argued 05/07/2008
• Decided 05/06/2010
• Published 05/06/2010

Judges

• PER CURIAM:, Before HALL and LIVINGSTON, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Eric J. Grannis, Law Offices of Eric J. Grannis, New York, NY, for Plaintiffs-Appellants.


• For Appellees:
  
• Scott Levenson, Elmwood Park, NJ, for Defendants-Appellees.