349 F. Supp. 3d 126
E.D.N.Y2018Background
- Plaintiff John Laface, a long‑time BOCES custodial worker, sued BOCES, its Board, and individual administrators after an involuntary October 2016 transfer more than 10 miles from his home and subsequent reassignments/administrative leave.
- Laface alleges anxiety/stress that limits his driving to within ten miles and that he informed BOCES of this restriction before the transfer. He sought accommodations and provided medical documentation.
- He had an extensive history of union grievances and complaints (including a July 2015 PERB grievance and alleged complaints about misuse of public funds) and was slated to testify at arbitration shortly after the initial transfer notice. The Union filed a PERB complaint about the transfer.
- After the October 2016 transfer notice, Laface took sick leave, met with HR in November and December 2016 and was placed on short paid administrative leave; in January 2017 he was temporarily reassigned to a nearer facility with different hours and duties. Vacant positions remained at his original site.
- Defendants moved to dismiss under Rule 12(b)(6). The Court granted in part: ADA/Rehab Act disability discrimination and several other claims dismissed with prejudice; ADA retaliation (narrow portion) survived; ADEA and First Amendment (speech) dismissed without prejudice to amend; many other claims dismissed with prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Disability discrimination (ADA & Rehab Act) | Laface is disabled (anxiety/stress limiting driving) and transfer/changes were adverse because of disability | Condition doesn’t constitute a qualifying ADA impairment/doesn’t substantially limit a major life activity | Dismissed with prejudice — driving limitation not pled as substantially limiting a major life activity and plaintiff not shown to be "regarded as" disabled under ADA |
| ADA retaliation (failure to accommodate/protected activity) | Requests for accommodation were protected; later temporary reassignment and altered terms were retaliatory | Transfer permitted by CBA; some actions not adverse (paid leave, FMLA notice) | Narrow ADA retaliation claim survives as to the January 2017 temporary reassignment (temporal proximity/causation); other retaliation theories dismissed |
| ADEA age discrimination | Laface (over 40) alleges adverse action based on age | No facts plausibly connect transfer to age; no disparate treatment alleged | Dismissed without prejudice — complaint lacks facts to infer age‑based motive |
| First Amendment retaliation (speech and petition) | Complaints about misuse of public funds and filing/grievance testimony were protected speech/petition rights | Speech may be personal/within job duties and grievance was a private employment matter; no causal link | Speech‑based First Amendment claim dismissed without prejudice for lack of pleaded causation; petition/grievance claim dismissed with prejudice (grievance was a personal employment matter, not public concern) |
| Section 1983 procedural due process | Defendants refused interactive process and investigation of bullying complaints, depriving protected property interests | Plaintiff lacks a constitutionally protected property interest; Article 78 is available as adequate post‑deprivation remedy | Dismissed with prejudice — no protectable property interest shown and state Article 78 remedy required before federal suit |
| State law claims (NYSHRL and others) | State law discrimination and related claims against BOCES/officers | Plaintiff failed to file the § 3813 notice of claim required against school districts/officers within statutory time | Dismissed with prejudice — notice prerequisite not met and statute of limitations expired |
Key Cases Cited
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (plausibility standard for pleadings)
- Ashcroft v. Iqbal, 556 U.S. 662 (legal conclusions not accepted as true at pleading stage)
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (burden‑shifting framework for discrimination claims)
- Bragdon v. Abbott, 524 U.S. 624 (three‑step ADA disability analysis)
- Vega v. Hempstead Union Free Sch. Dist., 801 F.3d 72 (retaliation pleading and adverse action standard)
- Univ. of Texas Sw. Med. Ctr. v. Nassar, 570 U.S. 338 (but‑for causation required for retaliation claims)
- Gorzynski v. JetBlue Airways Corp., 596 F.3d 93 (temporal proximity and causation in retaliation claims)
- Colwell v. Suffolk Cty. Police Dept., 158 F.3d 635 (driving not a major life activity under ADA)