Providing a reasonable accommodation of an employee’s disability

Providing a reasonable accommodation of an employee’s disability
2014 NY Slip Op 01550, Appellate Division, First Department

An employee [Plaintiff] sued her employer contending that it had failed to provide her with a reasonable accommodation of her disability when it refused to reassign her to a particular location.

Supreme Court dismissed Plaintiff’s complaint and the Appellate Division affirmed the lower court’s ruling.

The court said that the employer had established that its refusal to agree to Plaintiff’s request to be reassigned to a certain work location did not constitute a refusal to make a reasonable accommodation of her disability.

The Appellate Division noted that there was no position available at the location Plaintiff desired, and, citing Pimentel v Citibank, N.A., 29 AD3d 141, said that in any event, "an employer is not obligated to provide the disabled employee with [an] accommodation that the employee requests or prefers."

The decision is posted on the Internet at:

http://www.nycourts.gov/reporter/3dseries/2014/2014_01550.htm
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Individual’s unsatisfactory annual performance rating annulled in the absence of rationally based administrative findings

Individual’s unsatisfactory annual performance rating annulled in the absence of rationally based administrative findings

2014 NY Slip Op 01501, Appellate Division, First Department

A New York City school teacher [Teacher] filed an Article 78 petition challenging the New York City Board of Education’s denial of her appeal of her unsatisfactory annual performance rating. Supreme Court granted the Board’s motion to deny the teacher’s petition and dismissed the proceeding.

The Appellate Division unanimously reversed the lower court’s decision “on the law.” It then granted Teacher’s petition and annulled the challenged unsatisfactory annual performance rating.

The court said that Board’s determination to sustain Teacher’s unsatisfactory performance rating was not rationally based on administrative findings that Teacher had acted in an insubordinate manner and refused to adhere to the directives of the principal during the school year.

In addition, the Appellate Division found that Teacher had established that the Board had violated its own rules, procedures and guidelines contained in its human resources handbook "Rating Pedagogical Staff Members" by placing certain disciplinary letters in Teacher’s personnel file which neither contained Teacher's signature acknowledging receipt of the letters nor a witness' statement attesting to Teacher's refusal to sign the documents in question..

The decision notes that neither the principal who made the allegations against Teacher nor any other witness testified at the hearing.

Under the circumstances, the Appellate Division said that remittitur to Supreme Court for service of an answer to Teacher’s petition by the Board was not warranted "as the facts have been fully presented in the parties' papers and no factual dispute remains."

The decision is posted on the Internet at:

http://www.nycourts.gov/reporter/3dseries/2014/2014_01501.htm
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Legal Ethics Webinar: Using Social Media and the Cloud

Legal Ethics Webinar: Using Social Media and the Cloud

An online Webinar focusing on ethical issues related to an attorney's use of Social Media and the Cloud in his or her practice will be offered on March 13, 2014 at Virtual LegalTech, 1:00pm - 2:00pm ET -  

Registration is complimentary -- click here to register. 

Ethics CLE will be offered for credit in New York, New Jersey and California to those viewing the Webinars at the appointed times at the Virtual LegalTech presentation on March 13, 2014.*

LegalTech notes that “Protecting Attorney Client privilege is essential to every lawyer. Now most communications are electronic but few lawyers understand how the use of Social Media and cloud computing potentially affects privilege. 

“Lawyers use of cloud computing for record retention impact all clients in eDiscovery for litigation.  This presentation will give specific advice to lawyers so they better understand Social Media and cloud computing as well as the related Cybersecurityre risks.

“Ethics topics will include: Ethical Duty to Provide Competent Representation; Duty of Confidentiality; Ethical Information Gathering; Spoilation Concerns; and Inadvertent Creation of an Attorney - Client Relationship.”

* Ethics CLE credit approval is pending in Florida and Illinois.
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