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Disability Doscrimination | Beranbaum Menken LLP Blog

Archive for the 'Disability Doscrimination' Category

Disability Discrimination Suit Filed on Behalf of Plaintiff Suffering From Post Traumatic Stress Disorder

On September 8, 2011, Beranbaum Menken filed a disability discrimination suit alleging that Graham Windham, a New York-based foster care placement agency, discriminated against one of its employees because she suffers from post-traumatic stress disorder. The employee had performed outstanding work for the agency for years, overseeing the successful placement of countless children in foster homes throughout the city and earning accolades from the city of New York and Graham Windham itself. However, the complaint alleges that once her disability was discovered, her employer no longer believed that she was capable of performing her job, resulting in severe harassment, culminating in her termination. Under federal and local laws, such stereotyped assumptions about people with disabilities cannot legally form the basis for adverse employment actions. The suit therefore seeks compensation for violations of the Americans With Disabilities Act, as well as state and local human rights laws.

BERANBAUM MENKEN CLIENT SETTLES DISABILITY DISCRIMINATION CASE FOR $1,390,000

Beranbaum Menken successfully vindicated the rights of a clinical psychologist who was fired by the New York City Health and Hospitals Corporation (HHC) because of his visual impairment, despite his 20 years of devoted service. Our client, who is legally blind, was well-liked by his patients, respected by his peers and admired by his students as an excellent and empathic clinician. Unfortunately, after abruptly discontinuing his reasonable accommodations, HHC trumped up allegations of poor performance and fired him because of his disability. Beranbaum Menken partner Bruce Menken represented the psychologist in a labor arbitration and, after an arbitration that lasted 8 days, the arbitrator ordered HHC to pay our client full back pay and benefits and reinstate him to his job. Rather than reinstate him, HHC agreed in late December 2010 to pay $1,390,000 in full settlement of his claims.