The Dugger Law Firm Files Levine v. CUNY, a Putative Class Action Complaint Alleging Continued Denials of Disability-Based Remote-Work Accommodations, Retaliation, and Leave-Related Violations by CUNY

On March 29, 2026, Plaintiffs Robin Levine, Noreen Mulvanerty, Shavone Sease, Malik Sullivan, and Lucas Kwong filed a putative class action complaint in the United States District Court for the Eastern District of New York against The City University of New York, The Board of Trustees of The City University of New York, the City of New York, and Chancellor Félix V. Matos Rodríguez in his official capacity. The complaint alleges  that the named Plaintiffs are current and former CUNY faculty and staff who worked for CUNY at Queensborough Community College, Borough of Manhattan Community College, Kingsborough Community College, Hostos Community College, and New York City College of Technology.

The class action complaint alleges that Levine v. CUNY follows and expands upon the earlier-filed Ramjerdi action. In Ramjerdi, Professor Jan Ramjerdi alleged that CUNY maintained a one-size-fits-all in-person mandate that functioned as a presumptive bar to fully remote work as a disability accommodation; retaliated against faculty requesting disability-based remote work; denied FMLA leave requests tied to accommodation requests and/or to the characterization of conditions as permanent; and used a medical-separation policy in a manner that bypassed reasonable-accommodation rights. 

According to the class action complaint, Professor Ramjerdi’s case was not isolated. The complaint alleges that similar disability-based remote work requests were processed through the same or similar Queensborough Community College Human Resources and appeal channels, and that similar conduct affected faculty and staff across multiple campuses and job titles. It further alleges that CUNY did not change course after the Ramjerdi lawsuit was filed or after Professor Ramjerdi’s death, and instead continued to deny or materially restrict disability-based requests for fully remote work, substitute purported alternatives that still required in-person attendance, and treat accommodation requests as a trigger for leave substitution, AWOL status, discipline, or separation rather than as a prompt for an individualized good-faith interactive process or cooperative dialogue.

Taken together, the Ramjerdi and Levine class action complaints describe six concrete examples — Professor Ramjerdi and Plaintiffs Levine, Sease, Mulvanerty, Sullivan, and Kwong — spanning multiple CUNY campuses and both faculty and staff roles. The complaint alleges repeated remote-work denials, rigid in-person requirements, repeated recertification demands, retaliatory scrutiny, and separation pressure. It further alleges that Defendants’ resistance was especially pronounced when medical documentation described the disability, limitation, or accommodation need as permanent, chronic, ongoing, long-term, expected to last years, until further notice, or indefinite.

The Levine class action complaint further alleges a broader pattern, practice, custom, policy, method of administration, and/or standard operating procedure of denying, delaying, curtailing, and/or failing to implement: (1) disability-based remote-work accommodations; (2) substituting materially inferior measures or leave in place of effective accommodations; (3) treating permanent or long-term accommodation requests as categorically disfavored; and (4) retaliating against employees who request disability accommodations, invoke FMLA or accommodation-related leave, appeal accommodation denials, or complain about disability discrimination.

Plaintiffs seek class-wide declaratory and injunctive relief requiring lawful, individualized accommodation determinations and meaningful interactive processes and cooperative dialogues, as well as individual relief and damages. 

The case is Levine v. CUNY, Case No. 1:26-cv-01859, pending in the United States District Court for the Eastern District of New York and has been initially assigned to Magistrate Judge Robert M. Levy as the presiding judge.

The class action complaint contains allegations only, and the Court has not made findings on the merits.

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.

NYC Ranked Best City to Work in When Pregnant

According to Tom Spiggle, a contributor to the Huffington Post, if your are reading this blog post from NYC, and pregnant, you are in the best possible place you can be – at least concerning your legal protections:

"Certainly all states are covered by federal law, which includes the Pregnancy Discrimination Act, but even this law only covers employers that have 15 or more employees -- and courts are split on what rights this act provides. Courts have held that employers don't have to make minor accommodations at work -- like allowing women to carry a water bottle to stay hydrated -- to allow pregnant women to keep working. Fortunately, a lot of states and cities are stepping up to fill the gap.

Here's a list of the top five best cities to live in if you're working and pregnant based on local regulations which protect mothers and fathers against discrimination and unfair working conditions."  (link)

 According to Spiggle, New York City comes in at #1, in no small part because of its passage of a 2013 law increasing protections for pregnant employees and another 2013 law creating additional rights to take sick leave from work, including to care for a sick family member:

1. New York City, NY

In 2013, New York City passed amendments to its Human Rights Law that require employers with four or more employees to provide reasonable accommodations to pregnant women to allow them to continue to work through their pregnancy. This protection is broader than both the federal Pregnancy Discrimination Act and the New York State Human Rights Law. But here's the kicker that gets NYC first-place billing: it requires employers with five or more employees to provide up to 40 hours of paid sick leave to care for themselves or certain family members.

So, if you are pregnant and your doctor tells you to avoid lifting heavy objects, if you live in NYC, your employer will have to accommodate that restriction. If you've also got a toddler at home who comes down with the flu and can't go to daycare, you can also get some paid leave to stay home for a few days. If you lived in a state like Virginia, your employer could fire you for refusing to come to work under those same circumstances. (link)

The De Blasio administration further expanded protections covering sick leave earlier this year:

"In January—17 days after taking office—the Mayor put forward paid sick leave legislation that expanded this right to more New Yorkers – including 200,000 of whom do not currently have any paid sick days. The law will take effect on April 1 and apply to all workers at businesses with five or more employees, encompassing those excluded under the previous legislation that applied to businesses with 15 or more workers."  (link)

The newest bill further improves on the 2013 sick leave legislation by:

  • Eliminating the phase-in, which would have delayed coverage to workers at businesses between 15 and 20 workers. This means 140,000 people who would have waited until mid-2015 under the existing bill will have coverage this April. Eighty-five thousand of those workers do not currently have a single paid sick day.
  • Removing exemptions for the manufacturing sector, extending paid sick leave coverage to 76,000 workers, half of whom don’t currently have any paid sick days.
  • Adding grandparents, grandchildren and siblings to the definition of family members workers can legally care for using paid sick time.
  • Eliminating the economic trigger that could have delayed implementation of paid sick leave based on certain economic benchmarks. (link)

As if you needed another reason to live in NYC?

Hat tip to San Francisco and Newark for second and third place

Even bigger hat tip to Better Balance and the many other advocacy organizations that helped get these important bills passed.

For more information about the most recent NYC sick leave law see Better Balance's summary and FAQ

Spiggle also has a forthcoming book titled “You’re Pregnant? You’re Fired! Protecting Mothers, Fathers, and Other Caregivers in the Workplace.