New York Public Personnel Law: Employee’s ADA claim for damages survives promotion to a higher grade position

June 08, 2012

Employee’s ADA claim for damages survives promotion to a higher grade position

Employee’s ADA claim for damages survives promotion to a higher grade position
Matter of Jochelman v New York State Banking Dept., 56 AD3d 375

After the New York State Banking Department denied Irving Jochelman a promotion to the position of Principal Bank Examiner I, Jochelman sued

Supreme Court granted Banking’s motion to dismiss his petition because Jochelman had been given the promotion underlying his complaint prior to his appeal, which also had the effect of “rendering moot that portion of his complaint seeking back pay.”

The Appellate Division, however, reversed the lower court’s dismissal of Jochelman’s petition “as a matter of law” explaining that his complaint also sought damages under the Americans with Disabilities Act (ADA).

Reinstating Jochelman’s ADA claim, but dismissing the remainder of his appeal as moot, the court explained that Jochelman's “separate claim for damages related to [Banking’s] allegedly discriminatory behavior has not been rendered moot by [Jochelman’s] promotion.”

Finding that Jochelman’s “ADA claim “was not without merit as a matter of law,” the Appellate Division indicated that the record raised factual issues as to whether Banking failed to make reasonable accommodations for the alternative workspace that Jochelman had requested for medical reasons and remanded the case to Supreme Court for its further its consideration of that issue.

The full text of the decision is posted on the Internet at:

http://www.courts.state.ny.us/reporter/3dseries/2008/2008_09267.htm

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NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.