The Dugger Law Firm, PLLC Files Amended Putative Class Action Complaint Alleging Citywide NYC Disability-Accommodation Practices Affecting Employees With Permanent or Indefinite Disabilities

On June 12, 2026, Plaintiff Drilon Berdynaj (“Plaintiff”) filed an amended class action complaint against the City of New York (“the City”) and several individual defendants in the United States District Court for the Southern District of New York, in Berdynaj v. The City of New York, Case No. 1:26-cv-02126.

The amended class action complaint seeks certification of a proposed citywide class that is not limited to employees of the New York City Department of Citywide Administrative Services (“DCAS”). The proposed citywide class consists of current City employees who requested a disability accommodation (other than leave), submitted a Reasonable Accommodation Request Form, and allegedly had the request denied or not approved, in whole or in part, because of the permanent, indefinite, or no-end-date nature of the disability or requested accommodation.

The amended complaint also adds several new individual defendants to the litigation, including current DCAS Commissioner Yume Kitasei, previous DCAS Commissioner Louis A. Molina, and DCAS attorney Jakub Kazior.

According to the amended complaint, the challenged issue is whether the City may deny or not approve accommodation requests based on the duration of the disability or accommodation need, instead of conducting an individualized reasonable accommodation review.

The amended complaint further alleges that Citywide Equity and Inclusion (“CEI”) and DCAS play a central role in reasonable accommodation guidance, oversight, training, and support for agency equal employment opportunity (“EEO”) offices. The amended complaint alleges that because City agencies rely on this structure, the challenged practices have significance beyond one agency.

The amended complaint seeks certification of three proposed classes.

The first proposed class is the Permanent Disability Denial Class. This proposed class is citywide. It concerns current City employees who allegedly had a disability accommodation request (other than for leave) denied or not approved because of the permanent, indefinite, or no-end-date nature of the disability or requested accommodation.

The second proposed class is the Remote Work Request Retaliation Class. This proposed class is DCAS-specific. It concerns current DCAS employees who requested a disability-based remote-work accommodation, submitted a Reasonable Accommodation Request Form, and allegedly received certain adverse actions within seventy-five days after requesting, renewing, supplementing, or appealing a disability-based remote-work accommodation request.

The third proposed class is the Medical Inquiry Class. This proposed class is also DCAS-specific. It concerns current DCAS employees who requested a disability accommodation, submitted a Reasonable Accommodation Request Form, had a permanent or long-term disability, were initially approved for an accommodation, and were later allegedly asked for additional medical documentation concerning the existence, diagnosis, severity, or continuing validity of the disability as a condition of continuing the accommodation.

According to the amended complaint, Plaintiff Berdynaj has worked for DCAS since approximately September 2018. The amended complaint alleges that he has chronic respiratory and pulmonary conditions requiring ongoing treatment and access to home-based medical equipment.

The amended complaint alleges that Plaintiff performed work remotely for years, including after DCAS approved a full-time remote-work reasonable accommodation. Plaintiff alleges that DCAS later denied continued full-time remote work, requested additional documentation, required a fixed return-to-office timeline, and treated the asserted permanent or indefinite nature of the accommodation as part of the basis for denial.

The amended complaint also alleges that Plaintiff experienced adverse employment actions after seeking accommodations and opposing what he believed to be disability discrimination. The alleged actions include a demotion, forced leave usage, denial of interim remote work during review, AWOL designations or threats, revocation of remote work, a Section 72 medical examination, involuntary FMLA or medical leave, rejection of medical notes, disciplinary charges, and return-to-work requirements.

The amended complaint further alleges that, after the original federal complaint was filed, DCAS engaged in additional conduct that Plaintiff contends was retaliatory.

The amended complaint asserts claims under Section 504 of the Rehabilitation Act, the Americans with Disabilities Act, the New York State Human Rights Law, the New York City Human Rights Law, and the Family and Medical Leave Act.

The amended complaint seeks declaratory and injunctive relief directed at the challenged accommodation practices. Among other requested relief, Plaintiff asks the Court to require lawful individualized reasonable accommodation procedures.

Plaintiff also seeks individual relief, including employment-related equitable relief, restoration of pay, leave, benefits, and other damages and relief available by law.

The amended complaint alleges that the class period for the proposed Permanent Disability Denial Class and the proposed Medical Inquiry Class begins on March 16, 2023, and continues through final judgment. The amended complaint alleges that the class period for the proposed Remote Work Request Retaliation Class begins on September 1, 2022, and continues through final judgment.

The case is Berdynaj v. The City of New York, Case No. 1:26-cv-02126, and is pending in the United States District Court for the Southern District of New York before U.S. District Judge Dale E. Ho. and Magistrate Judge Jennifer Willis.

The filed amended complaint is available here and an overview of the original complaint can be found here.

The amended class action complaint contains allegations only, class certification has not been decided, and the Court has not made any findings on the merits.

The Dugger Law Firm, PLLC Files Class Action Complaint Against The Legal Aid Society Alleging Disability Accommodation Denials and Retaliation

On May 11, 2026, Plaintiff Marissa Kubicki filed a putative class action complaint in the United States District Court for the Southern District of New York against The Legal Aid Society, Connie Park, Laura Walsh, Rebekah Almanzar, Jackie Quigley, and Yonzel Burt.

Plaintiff is a Forensic Social Worker in The Legal Aid Society’s Parole Revocation Defense (“PRDU”) Unit. The complaint alleges that Plaintiff has ankylosing spondylitis and underwent medical treatment that rendered her immunocompromised. According to the complaint, Plaintiff sought a disability-based accommodation that would allow her to limit unnecessary courthouse exposure while remaining available to attend court when her physical presence was needed for client meetings, attorney support, hearings, or other court-related needs.

The complaint alleges that, rather than provide interim protection or conduct a good-faith individualized assessment, The Legal Aid Society required Plaintiff to remain physically present in court or the courthouse for up to seven hours per day during several court-coverage days, including when no client-specific or attorney-specific need required her physical presence. Plaintiff alleges that she had previously performed her job by working from The Legal Aid Society office across the street from the Bronx courthouse and attending court in-person when needed.

According to the complaint, Plaintiff requested a disability-based accommodation to work from The Legal Aid Society office during onsite court-coverage shifts and to attend court when called, rather than maintaining continuous courthouse presence. The complaint alleges that The Legal Aid Society denied her disability-based accommodation request on January 20, 2026, asserted that in-person/onsite court coverage was an essential function of the PRDU Forensic Social Worker role, and failed to provide an effective interim accommodation while the request was pending.

The complaint further alleges that The Legal Aid Society re-characterized Plaintiff’s job duties after she sought an accommodation, demanded unnecessary additional medical documentation, failed to engage in a good-faith cooperative dialogue, and retaliated against Plaintiff and similarly situated employees who requested disability-based accommodations or opposed disability accommodation practices.

Plaintiff alleges that, during the period when her accommodation request remained unresolved, she was required to continue disputed in-person court coverage without interim protection. Plaintiff alleges that Defendants’ refusal to provide interim protection required unnecessary or excessive courthouse exposure while she was immunocompromised and materially increased her risk of infection.

The complaint further alleges that other Legal Aid Society employees experienced similar accommodation-related practices. It seeks certification of four proposed classes: (1) a Location-Based Accommodation Class for employees who requested work-location, remote-work, reduced-presence, or exposure-limiting accommodations, (2) a Post-Request Job-Duty Recharacterization Class for employees whose duties or asserted essential functions were allegedly changed after they requested accommodations, (3) a NYCHRL Accommodation Delay Class for employees whose requests were allegedly delayed, including without interim measures, and (4) an Additional Medical Documentation Class for employees allegedly required to provide unnecessary or excessive medical documentation.

The ten-count complaint asserts claims under Section 504 of the Rehabilitation Act and the New York City Human Rights Law. The complaint’s claims include: alleged failure to reasonably accommodate; retaliation; interference, coercion, threats, and intimidation; medical inquiry violations; unlawful qualification standards and screening; failure to engage in a cooperative dialogue; and aiding and abetting liability against the individual defendants under the NYCHRL.

Among other requested relief, Plaintiff seeks class-wide declaratory and injunctive relief requiring lawful, timely, individualized accommodation procedures, prompt interim measures while accommodation requests are pending, limits on allegedly unnecessary medical-documentation demands, as well as training, monitoring, and other forward-looking relief. As to declaratory relief, Plaintiff also seeks a declaration that The Legal Aid Society’s alleged conduct was willful and undertaken with reckless disregard for the rights of Plaintiff and the proposed classes.

Plaintiff also seeks individual relief including back pay, front pay, reinstatement and/or full grant of the requested accommodation, compensatory damages, punitive damages under the NYCHRL, nominal damages, actual damages, attorneys’ fees, expert fees, costs, and interest.

The case is Kubicki v. The Legal Aid Society, et al., Case No. 1:26-cv-03882, pending in the United States District Court for the Southern District of New York.

The complaint contains allegations only. The Court has not made any findings on the merits, and Defendants have not been adjudicated liable for any of the alleged conduct.

The Dugger Law Firm Filed a Putative Class Action Challenging NYC’s Alleged Disability Accommodation Denials, Retaliation for Remote-Work Requests, and Medical Inquiry Violations at DCAS

Plaintiff Drilon Berdynaj (“Plaintiff”) has worked for the New York City Department of Citywide Administrative Services (“DCAS”) since approximately September 2018, in Real Estate Services within its Design & Project Management unit.

On March 16, 2026, Plaintiff filed a putative class action complaint against the City of New York (“Defendant” or the “City”) in the United States District Court for the Southern District of New York. The putative class action complaint alleges that, despite DCAS’s citywide role for providing equal employment opportunity and reasonable accommodation guidance to city agencies, DCAS itself violated disability accommodation rights in its treatment of its own employees.

The putative class action complaint’s allegations include alleged policies of: (1) denying disability-based accommodation requests because the disability and/or the requested accommodation was characterized as permanent or indefinite, or lacking a fixed end date; (2) retaliating against employees who requested disability-based remote work accommodations; and (3) repeatedly demanding unnecessary additional medical documentation from employees with permanent or long-term disabilities whose disability accommodations had previously been approved.

According to the putative class action complaint, Plaintiff initially requested and received a full-time remote work accommodation, and successfully performed his job remotely for years.

The putative class action complaint alleges that, DCAS later reversed course and denied his disability-based remote work accommodation, demanded additional unnecessary medical documentation and a “date certain” to return to the office, and stated that “reasonable accommodations are typically not permanent or indefinite.” The putative class action complaint further alleges that the City retaliated against Plaintiff through, instead of continuing his disability-based remote work accommodation, imposed forced use of leave, an AWOL designation, disciplinary charges, a Section 72 medical examination, and a September 12, 2025 involuntary FMLA designation.

The putative class action complaint further alleges that DCAS demoted Plaintiff on September 15, 2022, one day after he renewed his original accommodation request.

The putative class action complaint further alleges that, in March 2026, while Plaintiff remained out of work on involuntary leave, the City initially told him that he could only return to work if his doctor stated that he could return “full duty” or “without restrictions.” The putative class action complaint alleges that this stated requirement, like the earlier accommodation denials and documentation demands, was part of the same broader unlawful accommodation and retaliation practices challenged in the case.

The putative class action complaint asserts individual and class claims under Section 504 of the Rehabilitation Act on behalf of the proposed classes and an individual FMLA interference claim on behalf of Plaintiff.

Among other requested relief, the putative class complaint seeks class-wide declaratory and injunctive relief requiring lawful, timely, and individualized accommodation procedures, limits on unnecessary medical-document demands, reclassification of unlawfully categorized unauthorized absences or AWOL, correction of adverse personnel records, and anti-retaliation relief.

For Berdynaj individually, the putative class complaint seeks reinstatement to his current position or pre-demotion position, or an equivalent role, grant of a fully remote disability accommodation, back pay, front pay, restoration of leave and benefits, removal of AWOL status, restoration of depleted leave banks, nominal damages, liquidated damages, attorneys’ fees, and costs.

The case is Berdynaj v. The City of New York, Case No. 1:26-cv-02126, and is pending in the United States District Court for the Southern District of New York before U.S. District Court Judge Dale E. Ho. and Magistrate Judge Jennifer Willis. The filed complaint is available here.. The complaint contains allegations only, and the Court has not made any findings on the merits.

The Dugger Law Firm Has Filed a Disability Discrimination Class Action on Behalf of Professor Jan Ramjerdi and a Class of CUNY Faculty Challenging Denials of Remote Work Accommodations and FMLA Leave

Plaintiff Professor Ramjerdi (“Plaintiff”) has served as a tenured Associate Professor of English at Queensborough Community College (“QCC”) since September 1, 2009, and has taught at QCC since 2003.

On May 7, 2024, Plaintiff filed a class action complaint against the City of New York (“NYC”), the City University of New York (“CUNY”), QCC, CUNY Chancellor Félix V. Matos Rodríguez (in his official capacity), QCC President Christine Mangino, QCC Human Resources Director Martha Aspromatis, QCC Human Resources Director for Benefits Ysabel Macea, QCC ADA Compliance Coordinator/Assistant Vice President for Equity, Inclusion, and Belonging Amaris Matos, and former QCC Interim Executive Director for Human Resources Sangeeta Noel (collectively, “Defendants”).

The class action complaint’s allegations include an alleged policy, pattern, and/or practice of: (1) illegal denials of mental health disability-based fully remote work accommodation requests by full-time faculty; (2) illegal denials of requests for FMLA leave by full-time faculty based on a pending disability-based accommodation request and/or the permanent nature of the disability or serious health condition; (3) retaliation against full-time faculty for requesting disability-based fully remote work accommodations and/or FMLA leave; (4) an illegal medical separation policy that permitted the separation of full-time faculty without consideration or evaluation of their entitlement to a disability-based reasonable accommodation; and (5) illegal provision of unprotected “general accommodations” of fully remote work instead of protected disability-based accommodations, among other challenged practices alleged to violate the Rehabilitation Act, FMLA, and/or New York City Human Rights Law (“NYCHRL”).

The class action complaint alleges that all, or almost all, CUNY faculty taught fully remotely during the COVID-19 pandemic, from mid-March 2020 through the spring 2021 semester (approximately three academic semesters). The class action complaint additionally alleges that, for the spring 2022 semester, CUNY announced a 70/30 In-Person/Remote policy requiring 70% in-person courses and 30% remote courses, including that, “[a]side from unusual circumstances, all full-time faculty members should teach at least one in-person course on campus.”  Plaintiff alleges that Defendants repeatedly illegally denied Plaintiff’s, and a class of full-time faculty members’, requests for mental health disability-based fully remote work accommodations because of the 70/30 In-Person/Remote policy.

The class action complaint further alleges that, after initially filing pretextual and/or retaliatory disciplinary charges against Plaintiff, NYC, CUNY, and/or QCC applied their medical separation policy to medically separate Plaintiff in furtherance of their retaliation and/or discrimination.  The class action complaint alleges that they did so by circularly relying on the very mental health disabilities that Plaintiff had sought a fully remote work accommodation and FMLA leave to address, as the primary basis for Plaintiff’s medical separation. The class action complaint alleges that this medical separation policy was a policy, practice, and/or standard operating procedure of NYC, CUNY, and/or QCC of failure to accommodate disabilities, retaliation for requesting a fully remote work accommodations and/or FMLA leave, and interference with disability and/or FMLA rights.

The class action complaint additionally alleges disparate impact violations, violations of FMLA notice rights, and Rehabilitation Act medical inquiry violations.

The fifteen-count class action complaint seeks, from some or all Defendants, back pay, front pay and/or reinstatement, compensatory damages, nominal damages, actual damages, liquidated damages, declaratory relief, injunctive relief, as well as punitive damages against the QCC individual defendants sued in their individual capacities.

Plaintiff’s requested class-wide injunctive relief seeks an injunction: (1) prospectively exempting disability-based fully remote work requests from the 70/30 In-Person/Remote Policy; (2) requiring the creation and funding of an independent office and/or ombudsman to objectively evaluate all disability-based remote work requests and FMLA leave requests; (3) requiring the re-evaluation of all disability-based remote work requests and FMLA leave requests within the last three years by an independent office and/or ombudsman; (4) reinstatement of all class members terminated or medically separated because of an illegal denial of a disability-based fully remote work accommodation and/or FMLA leave request; and (5) reclassification of time illegally categorized as an unauthorized absence as a protected authorized absence, under the Rehabilitation Act, FMLA and/or NYCHRL.

The case is Ramjerdi v. The City of New York, et al., No. 1:24-cv-03380-NGG-RML and is before U.S. District Judge Nicholas G. Garaufis and Magistrate Judge Robert M. Levy in the United States District Court for the Eastern District of New York.

Press release is available here. Media Contact: Cyrus E. Dugger, The Dugger Law Firm, PLLC - (646) 560-3208 - cd@theduggerlawfirm.com.