Morvillo Abramowitz Secures Major Second Circuit Win for Plaintiffs Seeking to Enforce the ADA

March 26, 2025

In a major civil rights victory, the United States Court of Appeals for the Second Circuit issued a 3-0 published decision yesterday that keeps the courthouse doors open for plaintiffs bringing claims under the American with Disabilities Act (“ADA”).  Tudor v. Whitehall Cent. School Dist., No. 23-665-cv (Mar. 25, 2025).  Morvillo Abramowitz represented plaintiff-appellant Angel Tudor before the Second Circuit and successfully argued that the district court erred in granting summary judgment in favor of her employer, the Whitehall Central School District.  Morvillo Abramowitz now represents Ms. Tudor in the district court and will handle the case as it heads to a jury trial.

Joining its sister circuits, the Second Circuit held that a plaintiff’s ability to perform the essential functions of his or her job under pain and discomfort does not bar the individual from seeking relief under the ADA.  This is an issue that has caused considerable confusion in the lower courts and the Court’s clear articulation of the law will allow other ADA plaintiffs to seek relief under the statute.  Siding with the plaintiff-appellant’s position, the Court wrote:  “The text of the ADA is unambiguous and affords no other reasonable interpretation.”

Underscoring the importance of the case, the United States Department of Justice and Equal Employment Opportunity Commission filed a joint amicus brief supporting Ms. Tudor’s position on the interpretation of the ADA.

Angel Tudor was a longtime high school math teacher in Whitehall, New York.  She suffers from PTSD and was previously granted short breaks during her workday to manage her symptoms.  After a change in administration, the school district stripped Ms. Tudor of her accommodation, causing her pain, stress, and anxiety in continuing her teaching duties.  She later brought suit against the school district for denying her a reasonable accommodation for her disability.

Morvillo Abramowitz was appointed by the Second Circuit’s pro bono panel to handle the appeal.  The firm argued that the district court failed to apply core principles of statutory interpretation and that the ruling was out of step with decisions from the First, Fifth, Sixth, and D.C. Circuits.  The firm also successfully persuaded the Court to decline the school district’s invitation to affirm the district court’s decision on alternative grounds not reached by the district court.

The Morvillo Abramowitz team included partner Karen R. King and associates Joseph P. Klemme and Nathaniel J. Sobel.  King presented oral argument before the Court.

A copy of the Court’s decision can be found here.

A copy of the firm’s briefing before the Second Circuit can be found here.

A copy of the government’s amicus brief can be found here.