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Buczakowski v. Crouse Health Hosp. Inc.

ADA, ADEA Claims Dismissed But Reasonable Accommodation, Bias Claims Proceed

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MEMORANDUM DECISION AND ORDER I. INTRODUCTION This case involves claims of discrimination and retaliation against defendants Crouse Health Hospital, Inc., (“Crouse Hospital”), several of its employees, and a union representative stemming from plaintiff, Linda Buczakowski’s, age and medical disability. On or about July 10, 2017, Plaintiff filed a complaint with the Equal Employment Opportunity Commission (“EEOC”) in which she alleged Crouse Hospital discriminated against her. After receiving a right to sue letter from the EEOC on December 15, 2017, Plaintiff filed the present case pro se against Crouse Hospital pursuant to the Age Discrimination in Employment Act, 29 U.S.C. §§621-34 (“ADEA”) and the Americans with Disabilities Act, 42 U.S.C. §12101, et seq. (“ADA”). Dkt. No. 1 (“Complaint”). On November 9, 2018, Plaintiff retained counsel in this matter. Dkt. No. 25 (“Notice of Appearance”). The Honorable David E. Peebles, United States Magistrate Judge, then granted Plaintiff leave to file an amended complaint, Dkt. No. 46, which Plaintiff summarily filed, Dkt. No. 49 (“Amended Complaint”). In her Amended Complaint, Plaintiff includes additional claims against Crouse Hospital pursuant to the New York State Human Rights Law, N.Y. Exec. Law §296 (“NYSHRL”); the Family Medical and Leave Act, 29 U.S.C. §2601, et seq. (“FMLA”); and the employee Retirement Income Security Act, 29 U.S.C. §1001, et seq. (“ERISA”).¹ Plaintiff claims that Crouse Hospital discriminated and retaliated against her in violation of the ADEA, ADA, NYSHRL, FMLA, and ERISA. Am. Compl.

41-59, 70-81. Plaintiff also claims that Crouse Hospital breached the collective bargaining agreement with Plaintiff’s union. Id.

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