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Natofsky v. City of New York (2d Cir. 2019)

Articles Discussing Case:

Second Circuit Adopts Heightened “But-For” Standard But Rejects “Sole-Factor” Test for Disability Discrimination Claims

Littler Mendelson, P.C. • April 25, 2019
In a recent 2-1 decision, the Second Circuit Court of Appeals rejected its prior precedent,1 joining the Fourth,2 Sixth,3 and Seventh4 Circuits in adopting a “but-for” causation standard in disability discrimination cases brought under the federal Rehabilitation Act of 1973.5 In doing so, the Second Circuit explicitly noted that, with respect to employment discrimination claims, the Rehabilitation Act incorporates the same causation standard as appropriate under Title I of the Americans with Disabilities Act of 1990, and amendments thereto (ADA).6
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