The opinion of the court was delivered by: HECKMAN
The parties have consented to have the undersigned conduct any and all proceedings in this case, including trial and order of entry of final judgment, in accordance with 28 U.S.C. § 636(c). Defendant has moved for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. For the following reasons, defendant's motion is denied.
This action was filed on April 17, 1995. Plaintiff claims that she was denied employment by defendant, Buffalo State College Foundation, Inc. d/b/a Families United Prevention and Resource Center ("Families United"), because of her association with her disabled child, in violation of Title I of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., 42 U.S.C. §§ 1981 and 1981(a), and the New York State Human Rights Law, N.Y. Exec. Law § 296.
The following facts are not disputed. In approximately October or November of 1993 she interviewed for a position at Families United as a "family mentor." At the time of the interview, plaintiff advised defendant that her daughter, Christina Houle, suffers from serious medical problems including epilepsy, Von Hillebrand's blood disease, asthma and chronic Epstein-Barr virus. In approximately January of 1994, defendant offered the position to plaintiff, effective February 23, 1994. Plaintiff accepted the offer, and attended orientation beginning on January 20, 1994.
In early February of 1994, plaintiff advised defendant's Project Coordinator Rashida Williams and Associate Project Director Marcia Obermiller that she would need a week off from her employment soon after it began so that she could take her daughter to the Mayo Clinic for consultation and testing. After discussing plaintiff's request with Program Director Dr. Christopher Blodgett, Ms. Williams advised plaintiff that she would be allowed to take the week off. However, Ms. Williams further advised plaintiff that, due to the mandatory nature of the training program for family mentors, which was structured to take place during the first two months of employment, plaintiff would need to commit to a specific time frame for reporting to work (Item 14, p. 5, P 8(D)).
On February 28, 1994, Ms. Williams sent a letter to plaintiff which stated as follows:
Per our telephone conversation on 2/17/94, we regret the necessity to withdraw our offer of employment as family commitments will not allow you to fulfill your job function as mentor. While we are willing to assist by allowing a short-term period of time away from the job, the indefinite nature of your circumstances has forced us to withdraw our position.
In the future, should your circumstances change, please feel free to resubmit a resume.
On approximately April 11, 1994, plaintiff filed a charge with the Equal Employment Opportunity Commission ("EEOC") (Item 17, Ex. C). Plaintiff alleges in her complaint that she received a "Right to Sue" notice from the EEOC, and that she filed her complaint in this action within 90 days of receipt of the notice (Item 1, P 4). The right to sue notice has not been made part of the record before this court.
Plaintiff alleges that defendant's withdrawal of its offer of employment constitutes discrimination in violation of the ADA and the state Human Rights Law because it was based on plaintiff's association with her disabled daughter. Defendant moves for summary judgment on the ground that there is no evidence or inference of discriminatory animus (Item 13).