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Lehey v. Northwell Health Inc.

Terminated Northwell Health Employee Plausibly Pleads Violations of ADA, NYSHRL

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OPINION & ORDER Timothy Lehey (“Plaintiff”) commenced this action against Northwell Health, Inc., Northwell Health Anesthesiology, P.C.,1 and North Shore-LIJ Anesthesiology, P.C., on June 5, 2023, pressing claims for discrimination on the basis of disability under the Americans With Disabilities Act (“ADA”), 42 U.S.C. §§12112 et seq., and the New York State Human Rights Law (“NYSHRL”), as well as violations of the New York State Department of Health Order for Summary Action dated August 18, 2021. (Doc. 1, “Compl.”). Northwell Health, Inc., and North Shore-LIJ Anesthesiology, P.C., (together, “Northwell” or “Defendants”)2 moved to dismiss under Federal Rule of Civil Procedure 12(b)(6) on December 1, 2023. (Doc. 19; Doc. 20; Doc. 21; Doc. 22, “Def. Br.”). Plaintiff served his opposition on December 29, 2023 (Doc. 23; Doc. 24, “Pl. Br.”),3 and Defendants’ motion to dismiss was fully briefed with the filing of their reply memorandum of law on January 12, 2024. (Doc. 25, “Reply”). For the reasons set forth below, the motion to dismiss is GRANTED in part and DENIED in part. BACKGROUND From 2018 through September 30, 2021, Northwell employed Plaintiff as a Certified Registered Nurse Anesthetist (“CRNA”). (Compl.

2, 14-16). Plaintiff had over 18 years of experience as a CRNA at the time. (Id.). Plaintiff alleges that from the onset of COVID-19 in early 2020 through September 30, 2021, his job duties included providing care to COVID-19 patients. (Id.

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