Transport Workers Union of America v. New York City Transit Authority

OPINION AND ORDER

SCHEINDLIN, District Judge.

This case presents two important questions concerning the Americans with Disabilities Act (ADA). 1 First, whether a labor union has standing to assert claims of employment discrimination on behalf of, or regarding, its members under either Title I or Title II of the ADA. And second, whether a claim of employment discrimination may be maintained under Title II, as opposed to Title I, of the ADA. Because I answer both questions in the affirmative, the defendants’ motion to dismiss is denied in its entirety.

I. THE COMPLAINT

The allegations of the…