X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

DECISION & ORDER On July 21, 2021, the plaintiff, John Walter Lillico, commenced this action against the defendant, Roswell Park Comprehensive Cancer Center (“Roswell Park”). Docket Item 1. Lillico alleges that Roswell Park discriminated against him in violation of the Americans with Disabilities Act of 1990 (“ADA”); the Age Discrimination in Employment Act of 1967 (“ADEA”); and the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”). Id. He also alleges that Roswell Park retaliated against him in violation of the ADA. Id. On September 16, 2021, Roswell Park moved to dismiss the complaint. Docket Item 7. After the parties briefed the motion, Docket Items 13 and 14, this Court found that the complaint was subject to dismissal because it failed to state a viable claim but granted Lillico leave to amend, Docket Item 15. So on July 11, 2022, Lillico filed an amended complaint. Docket Item 16. On August 10, 2022, Roswell Park moved to dismiss the amended complaint. Docket Item 17. On October 3, 2022, Lillico responded. Docket Item 24. And on October 25, 2022, Roswell Park replied. Docket Item 25. For the following reasons, Roswell Park’s motion to dismiss is granted. BACKGROUND1 Lillico, who is 67 years old, is “a retired Marine Corps service member.” Docket Item 16 at 18; see id. at 13. Roswell Park initially hired Lillico as a public safety officer on August 1, 2005; “[a]fter some training,” Lillico then became a peace officer. Id. at

14-15. He worked for Roswell Park until January 28, 2020. Id. at 17. During his employment, Lillico encountered issues stemming from two medical conditions. First, Lillico “was off work from January 2009 [to] May 2009″ after “partial knee[-]replacement surgery.” Id. at 19. Even though Lillico “provided all [the] medical reports needed during his absence,” Roswell Park’s chief security officer, Carl Thomas, “harassed [him] for being off duty” in January 2009. Id. Thomas even called Lillico’s surgeon and “demand[ed] to know when [Lillico] was returning to work.” Id. Lillico “found [Thomas's call to his surgeon] to be evidence of bias against him based on his disability” and considered it an “attempt to negatively affect [his] employment.” Id. Then, in 2011, Lillico “was made aware of blockages in his heart.” Id. at 20. “He was prescribed medications” that allowed him to “cope and continue[] to work.” Id. Roswell Park “was aware of [] Lillico’s heart condition.” Id. at 21. In “February/March 2020,” Lillico “was out for five days due to a hear[t] issue,” “had an angiogram,” and “was borderline for a stent.”2 Id. (some capitalization omitted). Lillico “had to go through Employee Health” to “return to work.” Id. Throughout Lillico’s time at Roswell Park, Thomas “continued to harass” Lillico. Id. at

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.


Learn More

Our client, a boutique litigation firm established by former BigLaw partners, is seeking to hire a commercial litigation associate to join e...


Apply Now ›

COLE SCHOTZ P.C.Prominent mid Atlantic law firm with multiple regional office locations seeks a senior attorney with commercial real estate ...


Apply Now ›

ATTORNEYS WANTED ROCKLAND/BERGEN COUNTYKantrowitz, Goldhamer & Graifman, P.C. Expanding and established multi-practice, mul...


Apply Now ›
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›