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Brizzi v. Utica Mut. Ins. Co.

Prima Facie Showing of Disability Discrimination Made; ADA Retaliation Claim Is Dismissed

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MEMORANDUM AND ORDER Plaintiff Rosa Brizzi brings this action against Utica Mutual Insurance Company (“Utica”), alleging (i) violations of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§12101 et seq.; and (ii) discrimination on the basis of disability in violation of the New York State Human Rights Law (“NYSHRL”) §296 et seq. (Am. Compl. (Doc. No. 6).) Before the Court is Utica’s motion for summary judgment (Mem. of Law (Doc. No. 29)). For the reasons explained below, Utica’s motion is granted in part and denied in part. BACKGROUND I. Factual Background The relevant facts outlined below are drawn from the parties’ Local Rule 56.1 Statements of Material Facts, as well as evidence submitted by the parties in connection with the motion for summary judgment. Unless otherwise noted, the facts are undisputed. Brizzi began her employment as a Customer Service Representative in the Records Department of Utica in January 1993. (Defendant’s Rule 56.1 Statement (“Def.’s SOF”) (Doc. No. 35) at 6; Plaintiff’s Response to Defendant’s Rule 56.1 Statement (“Pl.’s Resp. SOF”) (Doc. No. 43 at 6.) After voluntarily leaving Utica in 1997 to work for another company, Brizzi returned to Utica in 2003 as a Customer Service representative in the Services Department. (Def.’s SOF 7; Pl.’s Resp. SOF 7.) In 2006, she was promoted to the position of Marketing Trainee where her responsibilities included “getting forms together for agents, preparing for meetings, getting the proper forms for those meetings, planning events.” (Def.’s SOF

10-11; Pl.’s Resp. SOF

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