A recent opinion and order by Judge Paul Crotty, US District Court for the Southern District of New York, granted summary judgment in favor of our client, a major NY Hospital.

The case was brought by a former operating room nurse who alleged that her termination arose out of disability discrimination. The employee claimed that it interfered with, and was in retaliation for, requesting leave under the Family and Medical Leave Act (FMLA). In dismissing the claims in their entirety, the Court upheld the right of an employer to continue the progressive discipline of an employee even after they become disabled, and despite any anticipated future leave needs. This case reflects the importance of good documentation and thorough investigation of alleged misconduct.

Richard L. Steer, Tara T. Toevs, and Kieran B. Morrow of the Labor and Employment Practice Group represented the employer.