he was terminated in retaliation for both his phone call to the Suffolk County DOH and his repeated requests for a reasonable accommodation of his disability, in violation of both the ADA and the Human Rights Law.
Plaintiff seeks: (1) declaratory judgment that Intelecom's conduct violated his rights under the ADA and the Human Rights Law; (2) a permanent injunction preventing Intelecom and its officers and agents from engaging in any conduct in violation of plaintiff's rights under the ADA and the Executive Law; (3) compensatory damages; (4) punitive damages; (5) lost earnings and benefits, with prejudgment interest, and reinstatement; and (6) attorneys' fees.
I. STANDARDS GOVERNING SUMMARY JUDGMENT MOTIONS
Summary judgment may not be granted unless "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Fed. R. Civ. P. 56(c). Under the law of the Second Circuit, a district court must weigh several considerations in evaluating whether to grant a motion for summary judgment with respect to a particular claim. Gallo v. Prudential Residential Servs., L.P., 22 F.3d 1219, 1223 (2d Cir. 1994) (internal case citations omitted). First, the moving party carries the burden to demonstrate that no genuine issue respecting any material fact exists. Id. (citations omitted). Second, all ambiguities and inferences must be resolved in favor of the non-moving party. Id. Third, the moving party may obtain summary judgment by showing that no rational jury could find in favor of the nonmoving party because the evidence to support its case is so slight. Id. Finally, the trial court's duty is confined to issue-finding and does not extend to issue-resolution. Id.
In evaluating the above considerations, a court must be mindful of whether the purported factual dispute is material, because "only disputes over facts that might affect the outcome of the suit under the governing law will properly preclude the entry of summary judgment." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S. Ct. 2505, 2510, 91 L. Ed. 2d 202 (1986).
II. DISABILITY CLAIMS UNDER THE ADA
A. General Considerations Regarding the ADA
The ADA prohibits an employer from discriminating against an employee "because of the disability of such individual in regard to job application procedures, the hiring, advancement or discharge of employees, employee compensation, job training, and other terms, conditions and privileges of employment." 42 U.S.C. § 12112(a). As defined by the ADA, "discrimination" includes, inter alia:
not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless . . . [the employer] can demonstrate that the accommodation would impose an undue hardship on the operation of the . . . [employer's] business.