IBM wins affirmance of dismissal of disability discrimination claims
Clients International Business Machines Corporation
The Second Circuit affirmed the dismissal of plaintiff's claims against Jones Day client International Business Machines (IBM) in a case involving allegations of the denial of a reasonable accommodation brought by a deaf employee under the Americans with Disabilities Act (ADA) and the New York Human Rights Law. The employee, who is deaf, alleged that IBM denied him a reasonable accommodation of his disability in violation of the Americans with disabilities Act (ADA) and the New York Human Rights Law by failing to caption all video and transcribe all audio content on the Company's intranet website prior to posting. Judge Harold Baer, Jr. of the district court found that plaintiff's claim failed under both federal and state law because defendant satisfied its legal obligations to provide a reasonable accommodation under applicable law and rejected Plaintiff's argument that captioning all intranet content prior to posting was required for Plaintiff to enjoy a benefit and privilege of his employment. The Second Circuit affirmed the ruling.
Noll v. International Business Machines Corporation, No. 13-04096 (2d Cir.); No. 1:12-cv-06239 (S.D.N.Y.)