Montesano v. Westgate Nursing Home

U.S. DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
Employment

, New York Law Journal

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Judge David larimer

Disability due to a vitamin deficiency limits Montesano's motor skills, including ability to walk without a walker. Montesano allegedly disclosed her disability when hired in 2008 as a full time nurse at Westgate. Gaulin—Westgate's assistant director of nursing—allegedly took issue with Montesano's mobility limitations and walker dependence. In addition to allegedly threatening to fire her if she did not buy a scooter, Gaulin told Montesano that she was being terminated because of her limited mobility. Reassigned to Westgate's medical records department Montesano was fired in 2009 due to lack of computer proficiency and lack of "eye/hand coordination" using a computer mouse. Finding the case "rife with factual issues" the court denied Westgate and Gaulin summary judgment dismissing Montesano's lawsuit alleging harassment, disability discrimination, a hostile work environment and retaliation violating the Americans with Disabilities Act (ADA). Montesano did not show, as a matter of law, that she is disabled. Further, the record was unclear that Gaulin viewed her as substantially limited in a major life activity. Fact issues also surrounded Montesano's job duties, and their competent performance, even with reasonable accommodation.

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