He says he documented every sick day for a genetic condition - and lost his job anyway
A New York City transit cleaner says he was fired for taking documented sick days to manage a serious genetic disability - two days after his supervisor called him a top performer.
The worker sued the New York City Transit Authority in Manhattan federal court on Aug. 13, 2026. The case turns on a question HR teams face constantly: what to do when a new hire on probation keeps missing work for a documented medical condition.
According to the complaint, the worker has Familial Adenomatous Polyposis, a lifelong genetic condition affecting his digestive system. Flare-ups can hit without warning and sometimes send him to the hospital. He says he was upfront about it from the start - checking the disability box on his application, telling the agency's doctors about a 2019 abdominal surgery during a pre-hire exam, and handing disability paperwork to both the medical staff and human resources. When he told an HR representative he might need accommodations, the complaint alleges she said only, "noted."
Hired in April 2024 at $21.00 an hour, he was placed on a standard six-month probation, the filing states. He says he did the job well and documented every absence. After a September flare-up, he alleges he was out about two weeks, was hospitalized, received IV treatment, then returned with a doctor's note he gave to HR and a superintendent.
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