On Board Online • April 8, 2019

By Kimberly A. Fanniff
Senior Staff Counsel

It has long been established that employers can be found in violation of Title VII of the Civil Rights Act if an employee is subjected to a "hostile work environment" in violation of his or her rights under that law. The U.S. Court of Appeals for the Second Circuit, with jurisdiction over New York, recently ruled that employees also can assert that a hostile work environment exists under the Americans with Disabilities Act (ADA).

In Fox v. Costco Wholesale Corporation, an employee with Tourette Syndrome brought multiple claims under the ADA and New York Human Rights Law seeking redress for alleged harassment.