LOSS OF DRIVER’S LICENSE SUPPORTED TERMINATION FROM POSITION
After he was fired from his “elevator mechanic” position, S.R. filed a disability discrimination claim against the New York City Housing Authority. When the latter sought dismissal of the case – via a motion for summary judgment – the Supreme Court denied the agency’s request.
On appeal, the Appellate Division, First Department, was of the view that S.R. hadn’t demonstrated he was qualified for the position at the time he was terminated. Apparently, the position required a valid New York State Driver’s License and, back in March of 2017, his license was revoked after a DWI arrest.
While S.R. claimed the loss of his license was due to alcoholism, and that he was a “recovering alcoholic,” and that he was denied the slot based on his disability, the AD1 thought that argument was problematic in that no one at the agency was purportedly aware of his status.
Since he also couldn’t prove notice, or that that he was treated differently from other employees who lost their driver’s licenses, the AD1 reversed the underlying determination and granted the agency’s motion dismissing S.R.’s claims.
Was that outcome a bit too mechanical?
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DECISION