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Articles Posted in Disability Discrimination

In many instances, when an employer engages in discriminatory acts to the detriment of an employee, the employee is not the sole victim of the employer’s inappropriate behavior but is merely the most recent party to face adverse effects due to the employer’s undertakings. As such, evidence regarding the employer’s prior discriminatory behavior may be helpful to establish that the employer has a practice of engaging in discrimination. In a recent New York employment discrimination case in which the defendant objected to discovery seeking information regarding other claims, the court explained when evidence of similar acts is discoverable. If you were the victim of workplace discrimination, it is prudent to speak to a knowledgeable New York employment discrimination attorney about your rights.

Facts of the Case

Allegedly, the plaintiff worked as a physician assistant at the defendant medical center. He suffered from back pain and cataracts and alleged that despite receiving positive performance reviews, he was treated adversely due to his health issues. He was assigned to move to the interventional radiology department but advised his supervisor that the transfer would negatively affect his health. He was informed, however, that if he did not accept the transfer, he would be seen as quitting. While he met with a human resources manager to discuss the potential transfer and his request for accommodations, he was ultimately terminated.

Reportedly, the plaintiff then filed a lawsuit against the defendant, alleging claims of disability discrimination. During the discovery phase of the case, the plaintiff sought documents regarding prior complaints or charges of discrimination in any of the defendant’s departments as well as claims against specific employees, and prior requests for accommodations from the interventional radiology department. The defendant objected to the discovery requests and offered to produce documents that solely related to claims against the specific employees.

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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.

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