Ara Acosta v. The New York Times Company d/b/a The New York Times and Pamela Dryfoos, individually

Summary

The United States District Court for the Southern District of New York considered Defendants’ motion to dismiss claims arising from Ara Acosta’s employment with The New York Times and The Athletic. The court dismissed Plaintiff’s NYCHRL disability-discrimination claim, holding that her five-day COVID-19 illness did not constitute a disability under the statute, and dismissed her FMLA interference claim because her requested leave was approved and she did not plausibly allege discouragement or prejudice. The opinion distinguishes the FMLA interference claim from Plaintiff’s separate FMLA retaliation claim, which was not challenged by Defendants’ motion.

Holdings

1. A mild, five-day COVID-19 infection consisting of a fever and sore throat, without allegations of serious or lasting impairment, does not satisfy the NYCHRL's disability threshold.
2. Plaintiff failed to state an FMLA interference claim because she received the leave she requested, was not discouraged from taking it, and did not allege prejudice from any failure to designate the leave as FMLA-protected or provide required notices.

Questions Presented

1. Whether Plaintiff plausibly alleged that her five-day COVID-19 infection constituted a disability under the New York City Human Rights Law.
2. Whether Plaintiff plausibly alleged FMLA interference where her requested FMLA leave was approved, Defendants allegedly encouraged her to take leave, and she did not allege prejudice from any failure to designate the leave or provide required FMLA notices.

Disposition

dismissed