A female appellate attorney who worked for the New York State Attorney General wanted to telecommute due to her disability.
I have done appellate work for years, I can speak from experience, and I can state as an expert that appellate attorneys work with PUBLIC records - court decisions and records of court proceedings below.
There is no secrecy involved in their jobs requiring their presence on the job, and if certain sealed records are (rarely) part of the record on appeal, that particular part of the record can be reviewed by coming to the office - otherwise an appellate attorney can work from home 100%, without any problems.
Especially if she is dealing with appeals in federal courts where filings are electronic, and can be done instantly from any place on the planet with an Internet connection.
Especially if she is dealing with appeals in federal courts where filings are electronic, and can be done instantly from any place on the planet with an Internet connection.
Attorney Fischer, due to her disability, wanted just that, to work from home.
That was certainly a type of reasonable accommodation that Americans With Disabilities Act.
That was certainly a type of reasonable accommodation that Americans With Disabilities Act.
Her male boss, Attorney Schneiderman, an elected public official who is sworn to protect federal Constitution and federal laws - including rights under the Americans with Disabilities Act, gave her whopping 3 days a month to work from home - and then fired her when she was on an unpaid disability leave.
Once again, Schneiderman was under the mandate of the Americans with Disabilities Act to accommodate attorney Fischer's disability, and providing a 100% telecommuting job was certainly a reasonable accommodation.
Instead, Schneiderman fired her while she was on an unpaid disability leave (that she was, likely, forced to take because she could not 100% telecommute) and fought her tooth and claw when she sued him for discrimination.
Well, Schneiderman's intermediary appeal failed, and the case is back in the district court, awaiting court-ordered "mediation".
Maybe, Schneiderman will see the light now?
Maybe, Schneiderman will see that it was easier, fairer and certainly cheaper for New York taxpayers to have Ms. Fischer work 100% from home, as her type of job certainly allows her to do.
Is it reasonable to expect fairness and fiscal frugality from New York State Attorney General?
Is it reasonable to expect fairness and fiscal frugality from New York State Attorney General?
No comments:
Post a Comment