By: Daily Record Staff//April 9, 2013
By: Daily Record Staff//April 9, 2013//
U.S. District Court, WDNY
Age Discrimination Act
Simoni v. Village of Sodus, et al.
Background: The plaintiff brought an action under the Age Discrimination in Employment Act and Americans with Disabilities Act alleging that his former employer had informed the U.S. Postal Service that he suffered from patellafemoral syndrome and ordered him to undergo an examination. He also alleged that the defendants failed to provide him with a reasonable accommodation and terminated him based on his disability.
Ruling: The District Court held that the claims under the Human Rights Law were barred as the plaintiff did not exhaust his administrative remedies. Further, the individuals named in the complaint were dismissed from the complaint as the ADA and the ADEA cannot be used against individual defendants.
Walter Z. Simoni, pro se; Christian P. Jones of Mackenzie Hughes for the defendants