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Employer did not violate human rights law when it terminated an individual who was unable to qualify for a required license

Employer did not violate human rights law when it terminated an individual who was unable to qualify for a required license
Joseph Kinneary v City Of New York, 08-1330-Cv (2nd Cir. 3-19-2010)

Joseph Kinneary sued the City of New York contending that he was terminated* from his position as sludge boat captain with the New York City Department of Environmental Protection in violation of the Americans With Disabilities Act, New York State?s Human Rights Law and New York City?s Human Rights Law.

Kinneary prevailed in federal district court and the jury awarded him $100,000 in back pay and $125,000 in non-economic damages

The City appealed. The Circuit Court of Appeals reversed, holding that Kinneary was offered, but failed to qualify for, his captain's license under the accommodation to which he claims he was entitled. The court noted that Kinneary became unqualified to perform the essential functions of his job as a result of his not being licensed to serve as a captain and thus there was no violation of the Americans with Disabilities Act.

The court said that in order to prevail the plaintiff must prove that: "(1) the defendant is covered by the ADA; (2) plaintiff suffers from or is regarded as suffering from a disability within the meaning of the ADA; (3) plaintiff was qualified to perform the essential functions of the job, with or without reasonable accommodation; and (4) plaintiff suffered an adverse employment action because of his disability or perceived disability."

The court then considered Kinneary's claims under the NYSHRL and NYCHRL. It said that his claims must fail, because an employer cannot have violated state or local discrimination laws by implementing federal regulations that determine, as was the case here, whether Kinneary is eligible to serve as a captain.

* A termination letter sent from the Assistant Commissioner of the DEP to Kinneary explained that, ?I have been made aware of the suspension of your License issued by the United State[s] Coast Guard, which is a requirement of your title . . . Because you do not possess the required license for your position as Captain, you are hereby terminated from your position of Captain with the Agency, effective March 4, 2004.?

Full post as published by New York Public Personnel Law on March 24, 2010 (boomark / email).