· 1/29/2013
Mary Jo C. v. New York State and Local Retirement System et ano.
Citations
- 707 F.3d 144
- 2013 WL 322879
- 2013 U.S. App. LEXIS 2013
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a “dispute [that] involves allegations of employment discrimination . . . [is] clearly governed by Title I of the ADA”
- holding that the ADA “contemplates modification to state laws, thereby permitting preemption of inconsistent state laws, when necessary to effectuate Title II’s reasonable modification provision”
- noting that the Rehabilitation Act imposes an exhaustion requirement for claims 4 “[A] party waives any arguments not presented to the magistrate judge.” Castorina v. Saul, No. 19-CV-991 AJN BCM, 2020 WL 6781078, at (S.D.N.Y. Nov. 18, 2020) (citation omitted
- invoking rule in case brought pursuant to Title II of the Americans with Disabilities Act, 42 U.S.C. §§ 12131, et seq.
- “It is a factual issue whether a plaintiff’s proposed modifications- amount to ‘reasonable modifications’ which should be implemented, or ‘fundamental alterations,’ which the state may reject.” (alterations & citations omitted)
- “Courts have construed [§794a] of the Rehabilitation Act . . . as imposing [an exhaustion requirement] as to claims against a federal employer.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Sack, Raggi, Swain
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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