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| BERGSTEIN & ULLRICH, LLP |
Bergstein & Ullrich, LLP 15 Railroad Avenue Chester, NY 10918 Telephone: 845-469-1277 Fax: 845-469-5904 Office Hours: Mon - Fri 9 a.m. - 5 p.m. |
Disability Discrimination
In January 2009, our law firm prevailed at trial in representing a disabled man who
worked for City of Newburgh. The client was visually-impaired and was fired from
his position which he could not successfully perform because of his disability.
However, he asked management if he could work in a different position with the City.
He was told that no position was available. In fact, a position in Department of Public
Works opened up, and no one told him about it. At trial, we proved that our client was
capable of performing the job responsibilities with Department of Public Works. The
federal jury agreed, awarding our client nearly $200,000 in damages for lost wages
and pain and suffering. Hursey v. City of Newburgh, 07 Civ. 1374 (CS).
In January 2006, our law firm prevailed at trial in representing a disabled woman who
worked for Family Health Center in Newburgh. Our client had Epilepsy. A few days
after she began her new job with Family Health Center, she told her boss about her
disability to ensure that management knew what to do in case she had a seizure.
Shortly after that conversation, our client was fired. While Family Health Center
claimed at trial that our client was fired for poor job performance, we convinced the
jury that the real reason for her termination was her disability. The federal jury
awarded our client approximately $30,000 in pain and suffering and lost wages. The
jury also decided the impose punitive damages against the employer. Michetti v.
Family Health Center, 05 Civ. 3148 (LMS).
In 2009, our firm settled a federal lawsuit against Town of Mount Kisco, alleging that
it did not have a policy in place to help hearing-impaired crime victims understand
justice court proceedings. In this case, our client was the victim of an abusive
husband. When she pressed charges against him, the district attorney’s office
prosecuted him for battery. But when our client went to court for the sentencing, she
was not able to follow the proceedings because the Town did not have an interpreter.
Our lawsuit alleged that the lack of any formal policy on the use of interpreters for
hearing-impaired crime victims violated the Americans With Disabilities Act. The case
settled, with the Town agreeing to implement an interpreter policy. Silva v. Town of
Mt. Kisco, 08 Civ. 184 (SCR).
In 2006, we sued Town of New Paltz in federal court because its justice court
allowed for no disability access. Our client was a disabled woman who regularly
observed court proceedings as both a concerned citizen and advocate for criminal
defendants. But she could enter the building because there was no wheelchair ramp or
any other handicapped access. The bathroom in the courthouse was also inaccessible
to persons in a wheelchair. The Town settled the lawsuit, agreeing to install a chairlift
that would allow our client and other disabled people to enter the building. The Town
also reconfigured the bathroom to make it accessible for the disabled. McGovern v.
Town of New Paltz, 06 Civ. 845 (DNH).
In January 2009, our law firm prevailed at trial in representing a disabled man who
worked for City of Newburgh. The client was visually-impaired and was fired from
his position which he could not successfully perform because of his disability.
However, he asked management if he could work in a different position with the City.
He was told that no position was available. In fact, a position in Department of Public
Works opened up, and no one told him about it. At trial, we proved that our client was
capable of performing the job responsibilities with Department of Public Works. The
federal jury agreed, awarding our client nearly $200,000 in damages for lost wages
and pain and suffering. Hursey v. City of Newburgh, 07 Civ. 1374 (CS).
In January 2006, our law firm prevailed at trial in representing a disabled woman who
worked for Family Health Center in Newburgh. Our client had Epilepsy. A few days
after she began her new job with Family Health Center, she told her boss about her
disability to ensure that management knew what to do in case she had a seizure.
Shortly after that conversation, our client was fired. While Family Health Center
claimed at trial that our client was fired for poor job performance, we convinced the
jury that the real reason for her termination was her disability. The federal jury
awarded our client approximately $30,000 in pain and suffering and lost wages. The
jury also decided the impose punitive damages against the employer. Michetti v.
Family Health Center, 05 Civ. 3148 (LMS).
In 2009, our firm settled a federal lawsuit against Town of Mount Kisco, alleging that
it did not have a policy in place to help hearing-impaired crime victims understand
justice court proceedings. In this case, our client was the victim of an abusive
husband. When she pressed charges against him, the district attorney’s office
prosecuted him for battery. But when our client went to court for the sentencing, she
was not able to follow the proceedings because the Town did not have an interpreter.
Our lawsuit alleged that the lack of any formal policy on the use of interpreters for
hearing-impaired crime victims violated the Americans With Disabilities Act. The case
settled, with the Town agreeing to implement an interpreter policy. Silva v. Town of
Mt. Kisco, 08 Civ. 184 (SCR).
In 2006, we sued Town of New Paltz in federal court because its justice court
allowed for no disability access. Our client was a disabled woman who regularly
observed court proceedings as both a concerned citizen and advocate for criminal
defendants. But she could enter the building because there was no wheelchair ramp or
any other handicapped access. The bathroom in the courthouse was also inaccessible
to persons in a wheelchair. The Town settled the lawsuit, agreeing to install a chairlift
that would allow our client and other disabled people to enter the building. The Town
also reconfigured the bathroom to make it accessible for the disabled. McGovern v.
Town of New Paltz, 06 Civ. 845 (DNH).