Pahuja v. American University of Antigua


New York Law Journal


Judge Paul Engelmayer

Pahuja suffers attention deficit disorder and associated learning disabilities. He was hired in April 2009 as an admissions director for American University of Antigua's (AUA) College of Medicine. Despite Pahuja's May 2009 e-mail advising supervisor McGillycuddy of, and seeking reasonable accommodation for, his learning disability Pahuja was fired on June 5, 2009. On March 31, 2011, the EEOC adopted the New York State Division of Human Rights' prior determination that AUA had terminated Pahuja's employment for legitimate, non-discriminatory reasons. Pahuja sued AUA for discrimination and retaliation violating the Americans with Disabilities Act and New York City Human Rights Law. The court dismissed his human rights law and retaliation claims, but not his claims under the ADA for discrimination and failure to accommodate. Pahuja's filing of a claim with the Division of Human Rights operated as a waiver of his right to sue in court under the the city's human rights law. Addressing the elements in Barnes v. CCH Corp. Sys. and Geoghan v. Long Island R.R., the court determined that Pahuja pleaded prima facie cases for discrimination violating the ADA, also and due to AUA's alleged failure to accommodate his disability.

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