Agostinello v. Great Neck Union Free School District, E.D.N.Y. Docket No. 05-CIV-5838: In February of 2009, Magistrate Judge William D. Wall of the United States District Court for the Eastern District of New York granted MSSSVâs summary judgment motion on behalf of the defendant Great Neck School District (the âDistrictâ), thereby dismissing plaintiffâs claims under both federal and state law. A copy of the Courtâs 36 page decision may be found by clicking here.
Plaintiff, a former janitor for the District, alleged violations of Title VII of the Civil Rights Act, the Americans with Disabilities Act (âADAâ), and New York State Executive Law § 296. Essentially, plaintiff argued that the District: 1) did not consider him for the position of Assistant Head Custodian; 2) permitted a hostile work environment to exist; and 3) denied his request for a reasonable accommodation relating to an alleged back injury.
In granting the Districtâs motion for summary judgment, the Court found that the District presented sufficient evidence that the failure to promote was based on plaintiffâs improper behavior, poor judgment, and deficient interpersonal relationships. Plaintiff failed to provide any evidence to rebut the Districtâs legitimate, non-discriminatory reasons in this regard and, therefore, could not support his racial/national origin discrimination claims.
Additionally, the Court rejected plaintiffâs hostile work environment claim, finding that his resignation from the District was voluntary and not a constructive discharge. Additionally, plaintiff could not establish a retaliation claim as there was an insufficient temporal proximity between the purported protected activities and the alleged retaliatory discharge.
With regard to the disability discrimination claims, the Court agreed that the plaintiff could not show an impairment that substanitally limited a major life activity as required by the ADA, or that the District regarded plaintiff as disabled within the meaning of the ADA. Accordingly, the disability discrimination claims failed as a matter of law.