U.S. District Court, WDNY
Thompsen v. Stantec Inc.
Background: The plaintiff sued his former employer alleging that he was discriminated against on the basis of his disability, the employer failed to make reasonable accommodations and the employer retaliated against him. The plaintiff’s alleges that his bowel cancer, which necessitated three medical leaves of absence from work constituted an ADA-qualifying disability. For each leave of absence the plaintiff was out for six weeks. The defendant employer moved for summary judgment to dismiss the plaintiff’s claims in their entirety.
Ruling: Summary judgment was granted as the plaintiff proffered no evidence that his disability was significantly restrictive, persistent or permanent as required by the ADA. In addition, the evidence presented demonstrated that his termination was not a result of his alleged disability, as the defendant had kept the plaintiff’s position open during the time the plaintiff was on leave. The action was dismissed with prejudice.
Christina A. Agola and Jennifer L. Fazio of Kaman, Berlove, Marafioti, Jacobstein & Goldman for the plaintiff; Joseph A. Carello and Stephen J. Jones of Nixon Peabody LLP for the defendant