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Saturday, April 12, 2014

Perceived disability

Perceived disability
Widomski v. Orange County Community College*
Source: Justica Daily Summaries- Education

Plaintiff filed suit against OCCC, alleging claims of discrimination on the basis of a "perceived disability" and retaliation in violation of Title II of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. 12101 et seq.

The district court concluded that plaintiff, who was enrolled in OCCC's medical Laboratory Technology program, failed to establish that OCCC perceived his shaking hands to substantially limit a major life activity, and granted the motion for summary judgment in favor of OCCC as to the ADA discrimination claim.

The district court also granted summary judgment in favor of OCCC on the retaliation claim because plaintiff had not presented any evidence that OCCC's good faith belief that plaintiff had falsified documents was a legitimate, non-discriminatory reason for the disciplinary referral.

The court concluded that plaintiff failed to demonstrate that OCCC perceived him as having an impairment that substantially limited a major life activity; plaintiff failed to demonstrate that OCCC's explanation for its decision to bring disciplinary proceedings against him was pretext for retaliation; and plaintiff's remaining arguments were without merit.

Accordingly, the court affirmed the judgment of the district court.


* USCA, 2nd Circuit. The decision is posted on the Internet at:
http://www.ca2.uscourts.gov/decisions/isysquery/5e9e16b6-b8c0-43c6-b8d8-4adfffde611b/6/doc/13-1367_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/5e9e16b6-b8c0-43c6-b8d8-4adfffde611b/6/hilite/
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Handbooks focusing on State and Municipal Public Personnel Law continue to be available for purchase via the links provided below:

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A Reasonable Penalty Under The Circumstances at http://nypplarchives.blogspot.com

The Disability Benefits E-book: at http://section207.blogspot.com/

Layoff, Preferred Lists at http://nylayoff.blogspot.com/

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