Attorney Peter Arcadio Romero's Legal Cases

Discrimination

Fashawn Cohen v. State of New York, 10 N.Y.S.3d 628 (2d Dep't 2015).

Jun 17, 2015

OUTCOME: The Appellate Division found the employer failed to establish that it engaged in a good faith ineractive process that assessed the needs of the disabled employee and the reasonableness of her requested accommodation. Mr. Romero represented the plaintiff.

The plaintiff sued her former employer alleging it had discriminated against her because of her disability by failing to provide a reasonable accommodation in the form of light duty or additional time ... for recovery. The plaintiff appealed from an order of the Supreme Court which granted defendants' motion for summary judgment dismissing her claim of discrimination in employment on the basis of disability. The Appellate Division reversed the dismissal on appeal and explained that an employer normally cannot obtain summary judgment on a disability discrimination claim unless the record demonstrates that there is no triable issue of fact as to whether the employer duly considered the requested accommodation, which the employer cannot do if the employer has not engaged in interactions with the employee revealing at least some deliberation upon the viability of the employee's request.

Appeals

In Re Annex Hotel v. New York State Division of Human Rights, 846 N.Y.S.2d 94 (1st Dep't 2007)

Nov 13, 2007

OUTCOME: The appellate court granted the employer's petition to annul a determination by the Division of Human Rights finding it liable for an allegedly hostile work environment and awarding $250,000 in damages. Mr. Romero represented the employer.

As Gladstone observed, "Justice delayed is justice denied." The Appellate Division held that the employer was prejudiced by a substantial delay between the filing of the complaint and the Division of H ... uman Rights determination.

Discrimination

Derosa v. National Envelope Corp., 595 F.3d 99 (2d Cir. 2010)

N/A

OUTCOME: The Court of Appeals vacated the judgment of the district court, which had granted the employer's motion for summary judgment dismissing Plaintiff's Americans with Disabilities Act claim. Mr. Romero represented the employee-plaintiff.

Derosa sued his former employer alleging that his termination violated the Americans with Disabilities Act. The Court of Appeals for the Second Circuit vacated the judgment of the district court, whic ... h had dismissed the case based on its erroneous conclusion that Derosa was judicially estopped from showing that he could perform the essential functions of his position with reasonable accommodation because of certain statements Derosa had made on his application for disability benefits. The Second Circuit held that nothing that Derosa had said in his disability application forms had contradicted his position that he was able to fulfill the essential functions of his employment with reasonable accommodation. As the Court explained: "The record is clear that DeRosa was disabled, that he had physical limitations, and that he felt he needed to work from home. Consequently, it is hardly surprising that he said on the disability application forms that he was disabled or unable to grab, reach, or commute. The inapplicability of judicial estoppel becomes even more apparent in light of a record establishing that DeRosa had a disability that National Envelope knew about, that it extended an accommodation to DeRosa that presumably it considered "reasonable," and that he performed his major responsibilities satisfactorily with this accommodation for two years until a new supervisor reassessed the situation."

Discrimination

Welch v. United Parcel Service, Inc., 871 F.Supp.2d 164 (E.D.N.Y. 2012)

N/A

OUTCOME: The Court upheld the jury's award of compensatory damages on Plaintiff's claims of retaliation under the State Human Rights Law and denied Defendant's post-trial motions. Mr. Romero represented the employee-plaintiff.

The Plaintiff suffered from various medical conditions, including hypertrophic cardiomyopathy ("HCM"), bipolar disorder, hiatal hernia,restless leg syndrome ("RLS"), sleep apnea, and depression with po ... st-traumatic stress disorder ("PTSD"). Because of his disabilities, Plaintiff made various requests for accommodation under the American Disabilities Act ("ADA"). He sued his employer, alleging that UPS discriminated against him on the basis of his disability, and also retaliated against him for complaining about that discrimination. With regard to Plaintiff's retaliation claims, the jury found that Plaintiff proved that UPS required him to work in a significantly more difficult work area which would adversely affect his physical conditions, after he complained of discrimination and proved that there was a causal connection between his complaints and the requirements to work in significantly more difficult work areas. Therefore, the jury found for Plaintiff on his claims of retaliation under the New York State Human Rights Law and awarded him $200,000 in compensatory damages.

Peter Arcadio Romero's Legal Cases (4)

Fashawn Cohen v. State of New York, 10 N.Y.S.3d 628 (2d Dep't 2015).

In Re Annex Hotel v. New York State Division of Human Rights, 846 N.Y.S.2d 94 (1st Dep't 2007)

Derosa v. National Envelope Corp., 595 F.3d 99 (2d Cir. 2010)

Welch v. United Parcel Service, Inc., 871 F.Supp.2d 164 (E.D.N.Y. 2012)