Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Denise Germano v. Webster Central School District

December 4, 2012

DENISE GERMANO,
PLAINTIFF,
v.
WEBSTER CENTRAL SCHOOL DISTRICT,
DEFENDANT.



The opinion of the court was delivered by: Charles J. Siragusa United States District Judge

DECISION and ORDER

INTRODUCTION

Siragusa, J. This employment discrimination case is before the Court on Defendant's motion to dismiss, or, in the alternative, for summary judgment. For the reasons stated below, the application to dismiss is granted pursuant to Federal Rule of Civil Procedure 12(b)(6).

FACTUAL BACKGROUND

For the purposes of the motion to dismiss, the Court assumes the following factual allegations from the complaint are true:

9. Plaintiff was hired by Defendant as a teacher's aide beginning in September 1997 until she was unlawfully terminated in 2008.

10. Plaintiff's responsibilities included assisting teachers in non-instructional duties, as well as supervising and providing assistance to students, particularly students with disabilities.

11. Plaintiff worked in that capacity at Defendant's Schlegel Elementary School.

12. Plaintiff maintained an above average work performance record throughout her tenure; in fact, she consistently received positive reviews (i.e. particularly in the manner which she treats her students) from her superior(s) throughout the fifteen (15) years she was employed with Defendant. Further, at the time of the incidents set forth herein, Plaintiff had no prior discipline and had a "clean" record.

13. For all times relevant herein, Plaintiff suffered from a disability and/or impairment as defined by the ADA which affects several major life activities.

14. Specifically, Plaintiff suffers from the psychiatric disorders acute anxiety and depression.

15. The "major life activities" as defined by the ADA which affected Plaintiff included "concentrating, thinking, communicating and working." 42 U.S.C. § 12102(A).

16. Defendant was aware that Plaintiff suffered from acute anxiety and depression. Further, for all relevant times herein, Defendant regarded Plaintiff as having such a disability and/or impairment under 42 U.S.C. § 12102(1).

17. Defendant regarded Plaintiff as substantially limited in the major life activities enumerated above, and subjected her to a hostile environment culminating in her termination because of a perception of Plaintiff's known illness based on myth, fear, and/or stereotype, as detailed below.

18. In January of 2011, Plaintiff was not feeling well and Plaintiff reported to Principal Francine Leggett that she was being ordered by her physician to have her blood tested, along with other various medical tests, and that if she was absent as a result that this would be the reason why.

19. On March 11, 2011, a student incident occurred shortly after Plaintiff left the gym to go to the bathroom and Plaintiff left two students, a male and a female, in the care of Physical Education teacher Sarah Nesser.

20. Apparently one of the students grabbed the other and injured her face; Plaintiff took the injured female student to the nurse and Nesser took the male student to the main office.

21. At one point, the students were reunited in Principal Leggett's office along with Nesser, where both the nurse and Plaintiff heard the Principal and Nesser admonish the male student not to hit other students.

22. Shortly thereafter, Principal Leggett confronted Plaintiff and admonished her, inexplicably, for causing the male student to strike the female student, despite the fact that this is not what occurred, since Plaintiff left the students with Nesser to go to the bathroom when these alleged events occurred, and further, Plaintiff had received permission to go to the bathroom in any event.

23. On March 17, 2011 the same male student involved with afore-stated altercation with the female student (for which Plaintiff was blamed) physically struck the Plaintiff without ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.