The U.S. District Court for the Western District of New York has granted the defendant’s
motion in an employment discrimination lawsuit brought under the federal Rehabilitation Act,
finding that the plaintiff failed to demonstrate that he was disabled or considered to be disabled
As the court explained, the plaintiff was a veteran of the U.S. Army who served in Iraq. In
the course of his service, the plaintiff sustained skull fractures and injuries to his back resulting in
ongoing symptoms including migraines, hearing loss and memory issues. The plaintiff also was
diagnosed with post-traumatic stress disorder (“PTSD”) and a traumatic brain injury (a “TBI”).
During his service in the army, the plaintiff attended military police training school. He was
honorably discharged and joined the U.S. Department of Veterans Affairs (“VA”) as a police officer
on October 15, 2006. The plaintiff initially was assigned to the VA facility in Syracuse, New York.
Center (“CVAMC”) in Canandaigua, New York. In May 2015, the plaintiff was reassigned to a
In April 2017, the plaintiff filed a lawsuit against the Secretary of the VA, alleging that
In its decision, the court explained that the plaintiff asserted that his suit was “authorized
and instituted pursuant to Section 107(a) of the Americans with Disabilities Act of 1990 (‘ADA’), 42
U.S.C. § 12117(a), which incorporates by reference Section 706(f)(1) and (3) of Title VII of the Civil
Rights Act of 1964 (‘Title VII’), 42 U.S.C. § 1981, and...
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