101 F. Supp. 3d 343
S.D.N.Y.2015Background
- Howard, congenitally deaf, sues UPS for disability discrimination under ADA and NYSHRL; suit filed July 11, 2012 after discovery; UPS unionized with Teamsters Local 177 under a CBA; essential job functions for drivers include communication; Howard obtained a DOT card in 2009 and sought a driver position in 2010; he requested ASL interpreter for the 2010 Driver Training Class (DTC) but UPS declined, offering other accommodations; he failed the 2010 DTC written/practical portions and returned to a non-driver role; a later 2011-2012 DTC course he attended without ASL interpreter and eventually became a driver again but was suspended/terminated for an incident and returned to prior role; UPS argues accommodations provided were reasonable and no discriminatory pretext exists.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the disability claim is time-barred | Howard timely filed EEOC charge for 2010 conduct | Time-barred for acts before April 23, 2010 | Discrimination claim time-barred for 2010 act |
| Whether UPS unlawfully discriminated based on disability | ASL interpreter denial; discriminatory effect | No discriminatory inference; legitimate driver requirements | No triable issue; UPS’s reason is legitimate and non-pretextual |
| Whether UPS failed to reasonably accommodate | ASL interpreter required; accommodations inadequate | Various reasonable accommodations provided; interpreter not required | Accommodations provided were reasonable as a matter of law |
| Whether there is a causal link between lack of interpreter and failing the DTC | Interpreter absence caused failure, including May 2010 course | Record shows ability to pass with memorization and other accommodations | No triable issue on causal link; failure attributable to multiple factors |
Key Cases Cited
- Abdu‑Brisson v. Delta Air Lines, Inc., 239 F.3d 456 (2d Cir. 2001) (discrimination summary judgment framework; McDonnell Douglas applicable to NYSHRL)
- Gorzynski v. JetBlue Airways Corp., 596 F.3d 93 (2d Cir. 2010) (causal linkage and prima facie discrimination under McDonnell Douglas)
- Reeves v. Sanderson Plumbing Prods., 530 U.S. 133 (S. Ct. 2000) (pretext framework; burden-shifting persists after legitimate reason)
- Shannon v. N.Y.C. Transit Auth., 332 F.3d 95 (2d Cir. 2003) (reasonableness of accommodations; essential functions)
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (Supreme Court 1973) (three-step burden-shifting framework for discrimination)