People living with disabilities have the right to enjoy gainful employment, free from discrimination based on their illnesses or conditions. Thus, if an employer treats an employee adversely because of the employee’s disability, it may constitute grounds for an employment discrimination lawsuit. Merely because an employer terminates an employee suffering from a disability does not mean that discrimination has occurred, however, as demonstrated in a recent New York case in which the court discussed the elements of a disability discrimination claim. If you have a disability and you believe your employer is engaging in discriminatory practices because of your disability, it is advisable to confer with a knowledgeable New York employment discrimination attorney to discuss whether you may be owed damages.
Facts of the Case
It is reported that the plaintiff, who has multiple sclerosis, was employed by the defendant as a managing agent for a cooperative. Plaintiff filed a charge with the EEOC (Equal Employment Opportunity Commission) against the defendant in 2012, complaining of numerous employment actions against her on the basis of her disability and gender. She was then advised she had ninety days to file an employment discrimination lawsuit but did not.
Allegedly, following an audit in which certain employees were reclassified from exempt to non-exempt, the plaintiff was responsible for the overpayment to such employees in an amount in excess of ninety thousand dollars. She was subsequently fired. She then filed a lawsuit against the defendant, alleging employment discrimination on the basis of her disability and gender. The defendants filed a motion to dismiss, which the court granted.