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Plaintiff Patricia A. Pender brought an employment discrimination suit against her former employer, District Council 37 (DC 37), alleging termination due to disability in violation of the Americans with Disabilities Act (ADA) and New York law. Pender, who had undergone a liver transplant, was terminated after a medical leave and a temporary modified assignment, with DC 37 claiming she could not perform the essential functions of her Council Representative job. An arbitrator, after an extensive grievance proceeding, had previously found in favor of DC 37, concluding Pender was unable to perform her duties even with accommodations. The court, affording significant weight to the arbitrator's decision and considering Pender's own admissions of disability, found insufficient evidence for a jury to conclude she could perform her job. Therefore, the court granted DC 37's motion for summary judgment, dismissing the complaint.
Pender v. District Council 37 of American Federation is a workers' compensation case decided in District Court, S.D. New York. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in District Court, S.D. New York.
Full Decision Text1 Pages
Plaintiff Patricia A. Pender brought an employment discrimination suit against her former employer, District Council 37 (DC 37), alleging termination due to disability in violation of the Americans with Disabilities Act (ADA) and New York law. Pender, who had undergone a liver transplant, was terminated after a medical leave and a temporary modified assignment, with DC 37 claiming she could not perform the essential functions of her Council Representative job. An arbitrator, after an extensive grievance proceeding, had previously found in favor of DC 37, concluding Pender was unable to perform her duties even with accommodations. The court, affording significant weight to the arbitrator's decision and considering Pender's own admissions of disability, found insufficient evidence for a jury to conclude she could perform her job. Therefore, the court granted DC 37's motion for summary judgment, dismissing the complaint.
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