United States Second Circuit

In appeal from summary judgment dismissing plaintiff's claims under the American with Disabilities Act and the Rehabilitation Act, judgment is affirmed because plaintiff failed to present sufficient evidence below to raise a genuine issue of fact as to whether he was discriminated against because of his disability, where: 1) plaintiff's sexual harassment of female employees rendered him unqualified to perform an essential function of his job; 2) his inappropriate behavior is indisputably a legitimate non-discriminatory reason for dismissing him from the volunteer program, even if the behavior resulted from his disability; and 3) plaintiff has not met his burden of showing that the proposed accommodations are plausible and they are unreasonable on their face, as a matter of law.

Appellate Information

• Decided 11/15/2012
• Published 11/15/2012

Judges

• CHIN

Court

• United States Second Circuit

Counsel