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Baker v. AVI Food Systems Inc.

Overtime Was Essential Job Function Office Manager Could No Longer Perform

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DECISION AND ORDER

*1 The plaintiff, Barbara D. Baker, brought this suit under the Family and Medical Leave Act of 1993, 29 U.S.C. Section 2611 (“FMLA”); the Americans with Disabilities Act, 42 U.S.C. Section 12101 (2008) (“ADA”); Title VII of the Civil Rights Act, 42 U.S.C. Section 2000-e (1964) (“Title VII”); and the New York State Human Rights Law, N.Y. Exec. Law Section 290 (“HRL”), alleging employment discrimination. Docket Item 36. Specifically, she claims that the defendant, AVI Food Systems, Inc. (“AVI”), unlawfully terminated her employment following a leave of absence due to a disability. Id. AVI contends that it fulfilled its FMLA obligation by providing the leave of absence and that it was not required to reinstate Baker’s employment both because Baker could not perform the essential functions of her job and because Baker did not qualify for statutory protection. Docket Item 51-1.The Court (Hon. Richard J. Arcara) referred this case to Magistrate Judge Jeremiah J. McCarthy for all matters pursuant to 28 U.S.C. Section 636(b)(1)(A), (B), and (C). Docket Item 6. At the conclusion of discovery, Docket Item 48, the defendant moved for summary judgment, Docket Item 51. The parties briefed the motion, Docket

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