Opinion
17 Civ. 4894 (AT)
07-19-2022
ERIN JONES, Plaintiff, v. THE CITY OF NEW YORK, Defendant.
ORDER
ANALISA TORRES, District Judge:
Plaintiff commenced this lawsuit asserting two causes of action under the Americans with Disabilities Act: (1) that Defendant discriminated against her by failing to accommodate her disabilities, and (2) that Defendant wrongfully terminated her employment in retaliation for her request for accommodations. ECF No. 6 ¶¶ 59-77. On summary judgment, the Court dismissed the wrongful termination claim because she was fired lawfully pursuant to New York State Civil Service Law § 73. ECF No. 133 at 17. Her independent cause of action for failure to accommodate remained, and is set for trial. See McMillan v. City of New York, 711 F.3d 120, 125-26 (2d Cir. 2013) (articulating the elements of a cause of action for failure to accommodate). Plaintiff argues that she is entitled to back pay from the date her employer was made aware of her need for accommodations until her termination on May 3, 2017. ECF No. 210. The Court agrees. Assuming a jury finds Defendant liable, Plaintiff may seek back pay from the date the jury determines Defendant was put on notice of her need for accommodations until Plaintiff's lawful termination on May 3, 2017.
The Court also dismissed as time-barred her failure to accommodate claim which accrued prior to March 1, 2016. See ECF No. 133 at 8-10.
SO ORDERED.