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TRANSPORT WORKERS UNION v. NEW YORK CITY TRANSIT

No. 02 Civ. 7659(SAS).

342 F.Supp.2d 160 (2004)

TRANSPORT WORKERS UNION OF AMERICA, LOCAL 100, AFL-CIO; Roger Toussaint, as President of Transport Workers Union of America, Local 100, AFL-CIO; Transport Workers Union of America, AFL-CIO; Sonny Hall, as President of Transport Workers Union of America; AFL-CIO; Amalgamated Transit Union, Local 726, AFL-CIO; and Angelo Tanzi, as President of Amalgamated Transit Union, Local 726, AFL-CIO, Plaintiffs, v. NEW YORK CITY TRANSIT AUTHORITY and Manhattan and Bronx Surface Transit Operating Authority, Defendants.

United States District Court, S.D. New York.

April 12, 2004.

Attorney(s) appearing for the Case

Walter M. Meginniss, Jr., Margaret A. Malloy, Gladstein, Reif & Meginniss, LLP, New York, New York, for Plaintiffs Local 100, Roger Toussaint, Local 726, and Angelo Tanzi.

David B. Rosen, Transport Workers Union of America, New York, New York, for Plaintiffs TWU and Sonny Hall.

Richard Schoolman, Michele Sheridan, New York City Transit Authority, Brooklyn, New York, for Defendants.

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,...

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