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Buckhout v. NYS

Nurse's Rehabilitation Act Discrimination Claims Dismissed

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MEMORANDUM DECISION AND ORDER I. INTRODUCTION Plaintiff Mary Ellen Buckhout commenced this action on December 23, 2019, against Defendants New York State, State University of New York, and Upstate Medical University (“Upstate”), asserting discrimination claims under (1) Section 504 of the Rehabilitation Act of 1973 (“Rehabilitation Act”); and (2) the New York State Human Rights Law (“NYSHRL”). See Dkt. Nos. 1, 11. In May 2020, the parties entered into a stipulation dismissing Plaintiff’s NYSHRL claims pursuant to Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure. See Dkt. No. 22. Currently before the Court is Defendants’ motion for summary judgment on Plaintiff’s Rehabilitation Act claim. See Dkt. No. 45. For the reasons that follow, Defendants’ motion is granted. II. BACKGROUND On August 29, 2013, Plaintiff began working for Upstate in the Inpatient Psychiatric Unit as a Teaching and Research Center Nurse 2. See Dkt. No. 45-2 at

1, 3. In 2016, Upstate promulgated a written job description for Teaching and Research Center Nurse 2 which classified the position as “heavy work,” which was defined as “[e]xerting up to 100 pounds of force occasionally, and/or up to 50 pounds of force frequently, and/or up to 20 pounds of force constantly to move objects.” Dkt. No. 45-3 at 12.1 The written job description also stated that the position required “[l]ifting, carrying, or exerting force…[c]ontinuously (67-100 percent).” Id. A Teaching and Research Center Nurse 2 may be unexpectedly called to assist a patient off of the floor, give direct care to a patient who has become seriously ill, apply restraints to a violent patient or visitor until security arrives, or move furniture or equipment for safety. See Dkt. No. 45-2 at

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