Partners Michael McClaren and Jeremy Colby recently won summary judgment dismissal of a complaint for a local school district client in a federal court disability discrimination lawsuit. The plaintiff asserted that he had requested, but was wrongfully denied, a reasonable accommodation for a disability. Plaintiff also asserted a hostile work environment cause of action and a retaliation cause of action. Plaintiff claimed that a change in his job duties necessitated the accommodation and the failure of the district to accommodate him in a timely manner, resulted in pain and suffering and a worsening of his condition. The Court dismissed the lawsuit, holding that certain claims were time barred, that certain claims were not preserved because plaintiff failed to file with the appropriate administrative agency, and that the remaining claims were not supported by the evidence presented to the Court. The case is Genco v. Starpoint Cent. Sch. Dist., No. 13-CV-301S (W.D.N.Y. Feb. 10, 2015).
