Gonzalez v. Weil, Gotshal & Manges, LLP

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

New York Law Journal

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District Judge William Kuntz

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Gonzalez worked for law firm Weil Gotshal. Claiming post-traumatic stress disorder and anxiety/panic because of her father's passing, she allegedly suffered a severe anxiety attack caused by discrimination, harassment and intimidation by coworker Bowens, which purportedly occurred from March to July 2010 and also from October 2010 to September 2011. Weil Gotshal's alleged failure to transfer Gonzalez or allow her to work from home constituted a failure to accommodate her disability. The EEOC issued a right to sue letter on Aug. 13, 2013, after adopting the New York City human rights agency's finding that her Sept. 4, 2012, complaint was untimely and would have failed on the merits. District court dismissed Gonzalez's Sept. 4, 2013, complaint asserting Weil Gotshal's breach of the Americans with Disabilities Act (ADA). Even if the last discriminatory act happened on Sept. 7, 2011—the last date of Gonzalez's employment—the court noted that Gonzalez was required to bring her EEOC complaint within 300 days thereof. Thus Gonzalez was time barred from bringing her ADA claim in federal court. The court further determined that the facts did not show Gonzalez's circumstances so extraordinary as to justify equitable tolling.

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