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Santos v. Fedcap Rehabilitation Services Inc.

Fired plaintiff did not raise reassignment as a viable accommodation; new trial motion denied.

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Judge Lynch

SANTOS v. FEDCAP REHABILITATION SERVICES, INC. — Marcial Santos, a former employee of defendant Fedcap Rehabilitation Services, Inc., filed this lawsuit claiming that Fedcap, in violation of the Americans with Disabilities Act (“ADA”), dismissed him from his employment on account of his disabilities. After a two-day trial on September 24 and 25, 2002, in which Santos appeared pro se, the jury found for the defendant. Santos, now represented by counsel, has moved for a new trial pursuant to Fed. R. Civ. P. 59, claiming that the Court erroneously failed to instruct the jury that a possible reasonable accommodation would have been to offer Santos a job other than as a custodian. Because this Court finds that such an instruction was not warranted by the testimony and arguments presented at trial, and because no reasonable jury would have returned a verdict for the plaintiff had the proposed instruction been given, the motion for a new trial will be denied.

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