Submitted, March 20, 2014
Appeal from the United States District Court for the Southern District of New York. No. 09-cv-7517 -- Kenneth M. Karas, Judge.
Appeal from an order of the United States District Court for the Southern District of New York (Kenneth M. Karas, Judge). We hold that Appellant failed to raise a genuine dispute of fact as to whether Appellee perceived him as being substantially limited in the major life activity of working, and failed to raise a genuine dispute of fact as to whether Appellee's explanation for bringing disciplinary proceedings against him was pretext for retaliation.
Accordingly, we AFFIRM the judgment of the District Court.
MICHAEL H. SUSSMAN, Sussman & Watkins, Goshen, New York, for Chester Widomski.
HYUN CHIN KIM, Senior Assistant County Attorney, Goshen, New York, for the State University of New York (SUNY) at Orange, AKA Orange County Community College.
Before: STRAUB, SACK, and LOHIER, Circuit Judges.
Chester Widomski appeals from the District Court's grant of summary judgment in favor of Defendant-Appellee the State University of New York (SUNY) at Orange, also known as Orange County Community College (" OCCC" ), on his claims of discrimination on the basis of a " perceived disability" and retaliation in violation of Title II of the Americans with Disabilities Act of 1990 (" ADA" ), 42 U.S.C. § 12101 et seq.
Widomski enrolled as a full-time student in OCCC's two-year Medical Laboratory Technology (" MLT" ) program in the fall of 2007 in order to become a licensed medical laboratory technician. In fall 2008, Widomski began the clinical portion of the program, a course called Clinical Training I. Widomski was assigned to the Catskill Regional Medical Center, where Rebecca Sander, an employee of the Center (and not OCCC), served as his proctor. As part of the course, students were required to submit weekly clinical summary reports signed by their proctors accompanied by weekly narratives relating to the work performed.
On his third day at the Center, Sander told Widomski that he would not be allowed to draw blood from patients because his hands shook too much. She expressed this view to Rosamaria Contarino, the chair of OCCC's Laboratory Technology Department, and Contarino agreed. Although Widomski admits that his hands sometimes ...