Second Circuit – Americans with Disabilities Act: Bey v. City of New York

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United States Court of Appeals for the Second Circuit

Americans with Disabilities Act

OSHA regulation – Failure to accommodate

Bey v. City of New York

20-456(L)

Judges Raggi, Sullivan, and Bianco

Background: The plaintiffs are black firefighters who suffer from a skin condition that causes pain and scarring when they shave their facial hair. They alleged they were discriminated against because the fire department refused to offer them a medical accommodation to the department’s grooming policy, which requires firefighters to be clean shaven in the areas where an oxygen mask seals against their skin. The district court granted summary judgment in favor of the plaintiffs on their Americans with Disability Act claim as OSHA has interpreted its regulation to permit medical accommodations. The court granted summary judgment to the defendant on all other issues, including the plaintiffs’ Title VII claim.

 Ruling: The Second Circuit affirmed in part and reversed in part. The court reversed the district court’s decision on the ADA claim, holding that the OSHA regulation unambiguously prohibits the plaintiffs’ proposed accommodation and that a binding federal regulation presents a complete defense to an ADA failure-to-accommodate claim.

Nicolas Y. Riley, of the Institute for Constitutional Advocacy & Protection, for the plaintiffs-appellees-cross-appellants; D. Alan Rosinus Jr., assistant corporation counsel, for the defendants-appellants-cross-appellees.