768 F. Supp. 2d 537
S.D.N.Y.2011Background
- Gingold worked as a PC Technician for Bon Secours from 1997 to Aug. 17, 2007, with travel-related duties to other facilities.
- He was diagnosed with an anxiety/panic disorder in 2003, which is triggered by travel beyond 65 miles from home.
- In June 2007, Bon Secours proposed a Rotation System requiring travel to other sites, with four weeks’ notice and further details to come.
- Gingold raised concerns about travel under the Rotation System; management indicated accommodations might be discussed later, but no concrete accommodation was offered.
- Gingold resigned on July 20, 2007, after discussions about accommodations, and began employment with Granite on July 23, 2007; Bon Secours did not implement the Rotation System until Dec. 2007.
- Bon Secours argues Gingold terminated the interactive process by resigning; Gingold contends Bon Secours failed to meaningfully engage in accommodation discussions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Reasonable accommodation under the ADA | Gingold argues Bon Secours failed to engage in the interactive process and refused accommodations. | Bon Secours contends the process ended when Gingold resigned and no accommodation was refused. | Granted in part: Gingold unilaterally terminated the interactive process by resigning; no triable issue on failure to accommodate. |
| Constructive discharge | Gingold contends intolerable conditions and termination of accommodation efforts forced resignation. | Bon Secours asserts the interactive process ended with Gingold’s resignation, not due to intolerable conditions. | Granted: no genuine issue; interactive process terminated by Gingold’s resignation, not Bon Secours. |
| Damages post-resignation and mitigation | Gingold seeks damages for post-resignation losses. | Mitigation issue; Bon Secours argues should be addressed. | Denied as moot: court grants summary judgment on ADA/constructive-discharge claims; mitigation moot. |
Key Cases Cited
- Terry v. Ashcroft, 336 F.3d 128 (2d Cir. 2003) (constructive-discharge standard; intolerable work atmosphere required)
- Whidbee v. Garzarelli Food Specialities, Inc., 223 F.3d 62 (2d Cir. 2000) (signs of bad-faith or failure to participate determine breakdown of interactive process)
- Loulseged v. Akzo Nobel Inc., 178 F.3d 731 (5th Cir. 1999) (no duty to present accommodations when policy not yet implemented; termination not foregone)