424 F. App'x 23
2d Cir.2011Background
- Perry, employed since 2000 by NYSARC as a Direct Support Professional, disclosed epilepsy at hire with no issues for nine years.
- Around June 28, 2009, Perry reported a possible epileptic episode and was allowed to leave work to seek medical care.
- Upon return in July 2009, NYSARC suspended her driving privileges until a fit-for-duty certificate was produced.
- A Human Resources specialist suggested concerns about Perry being safe with consumers and implied disability-related judgment.
- Perry was reassigned to a different post and later filed a complaint with the NYS Division of Human Rights on July 16, 2009, alleging disability discrimination and retaliation.
- Perry began FMLA leave on July 17, 2009, claiming epilepsy prevented her from performing essential duties; eleven months later she faced disciplinary action.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| ADA discrimination plausibility | Perry alleges actions were discriminatory based on epilepsy | NYSARC asserts actions were job-related accommodations | Dismissed; no plausible discrimination shown |
| FMLA retaliation causal link | Disciplinary action followed protected FMLA leave | Eleven-month gap undercuts causal inference | Dismissed; no plausible causal connection |
Key Cases Cited
- Swierkiewicz v. Sorema N.A., 534 U.S. 506 (U.S. 2002) (pleading standard remains at the initial stage)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (U.S. 2007) (pleading must raise right to relief above speculation)
- Harris v. Mills, 572 F.3d 66 (2d Cir. 2009) (standard for evaluating pleading at the motion-to-dismiss stage)
- Tomassi v. Insignia Financial Group, Inc., 478 F.3d 111 (2d Cir. 2007) (discrimination-related remarks evidence; requires motive to be tied to protected class)
- Clark County Sch. Dist. v. Breeden, 532 U.S. 268 (U.S. 2001) (temporal proximity must be very close to support causation)