Hostile work environment claims are cognizable under the Americans with Disability Act, the U.S. Court of Appeals for the Second Circuit found for the first time in an opinion vacating and remanding in part a dismissed ADA claim by a Costco employee.

The panel—composed of Circuit Judges Dennis Jacobs, Peter Hall and Christopher Droney—upheld most of the claims that had been dismissed by U.S. District Judge Denis Hurley of the Eastern District of New York on summary judgment. But the panel said the hostile work environment claims made by the appellant, Christopher Fox, deserved to be heard based on adequate evidence in the record.