People with disabilities are afforded many protections under the law, including the right to reasonable accommodation. Whether a plaintiff made a request for a reasonable accommodation and whether his or her request was rightfully denied is generally a question of fact. Recently, the United States District Court of the Northern District of New York discussed what a plaintiff must allege to set forth a viable failure to make a reasonable accommodation claim under New York law. If you have a disability and suffered discrimination in the workplace due to your disability, it is prudent to consult a skillful New York disability discrimination attorney to discuss what claims you may be able to pursue.
Facts Regarding the Alleged Discrimination
It is alleged that the plaintiff worked for the defendant as a mental health therapy aide. She has a learning disability that makes it difficult for her to write, comprehend, and learn new tasks. She asserted that she began to experience discrimination based on her disability, in that a nurse began to harass her due to the method in which she was completing an assignment, despite the fact that the nurse knew about her disability.
The plaintiff further alleged that the nurse ignored her request for an accommodation and began shaming the plaintiff as a result of the disability. The plaintiff reported the hostile work environment to her supervisor, who refused to intervene. The plaintiff ultimately filed a lawsuit alleging claims of disability discrimination, hostile work environment, and retaliation. The defendant filed a motion to dismiss, arguing in part that the plaintiff failed to set forth sufficient facts to support a claim of failure to make a reasonable accommodation.