Posted on August 1, 2008 by Kevin Sheerin

Former McDonald's employee files discrimination complaint

Lisa Craib, a 43 year old woman with Asberger’s syndrome, worked at McDonald’s for 21 years. Last March, Craib was told she was “no longer part of the team” and fired. She, along with two other disabled employees, was fired two days after the Shattuck Avenue McDonald’s was sold to Nick Vergis. The previous owner, Mike Maddy, was sympathetic to her disability and contacted California’s Employment Development Department to enlist a job coach to aid Craib with her “performance issues”. Craib filed a discrimination complaint last week under the Americans with Disabilities Act and protested in front of the Downtown Berkeley McDonald’s on Tuesday. If the case is heard in federal court, Craib could be eligible for compensatory damages. 

Read entire article here.

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Posted on July 31, 2008 by Kevin Sheerin

Alleged disability discrimination case against school district dismissed

Levine v Smithtown Central School District

Defendants brought about a motion for summary judgment to dismiss plaintiff, Melissa Levine’s alleged disability discrimination action. Plaintiff was a school psychologist at the Tacken Elementary School in her final probationary year. After sustaining a concussion while trying to restrain a student, plaintiff was on leave from October through November of 2001. Then plaintiff was absent from work from December 2001 through the end of the school year due to bi-polar disease and Lyme disease. When the time came for Levine’s supervisor to evaluate her, she was not recommended for tenure and instead was recommended for termination. Plaintiff asked for an extension of her probation but was denied.

Plaintiff brought about this appeal and alleged that she was discharged due to her disability. Defendants argued that she was terminated due to poor performance prior to her prolonged absence. Additionally, in order to meet the ADA’s definition disability, a person must have a physical or mental impairment that substantially limits at least one major life activity, must have a record of this impairment, and must be regarded as having the impairment. Plaintiff failed to provide evidence that her impairment substantially limited any major life activity, her sole record of impairment was her doctor’s notes that stated a diagnosis and recommendation for continued sick leave, and her only evidence that she was regarded as impaired was the defendants’ alleged perception that she could not perform her job. In summary, Levine failed to provide sufficient evidence to permit a trier of fact to conclude that she was disabled within the meaning of the ADA.

Accordingly, the Supreme Court granted defendants’ motion for summary judgment and dismissed the plaintiffs’ claim.

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Posted on June 17, 2008 by Kevin Sheerin

Nassau correction officer awarded close to one million dollars

Matter of Patricia Luca v Nassau County

Patricia Luca’s conflicts with Nassau County began in November 2000 when she was subject to sexual harassment at the county jail in East Meadow where she is employed. According to Luca, a fictitious scenario using her name was distributed while she was attending a workshop with colleagues. This scenario humiliated her and made her the butt of lewd comments. Luca filed a lawsuit regarding this incident and received an out-of-court settlement.

Luca claims that her challenging the county resulted in her being prevented from achieving her dream job of becoming a Nassau County police officer. She took the police officer exam in 1994 and was eligible to be hired but her name was passed over until she reached the max age and was no longer eligible. Luca sued Nassau County for a second time charging retaliation by the county.

After seven years in court, Patricia Luca was awarded a total of $949,973.86 in damages and lost pay, legal fees, and other costs.

Read the full article here.

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