Obtained Summary Judgement on Disability Claims under the ADA

Represented an employer against claims made by an insurance underwriter who was terminated from his position after he exhausted his FMLA leave and his illness prevented him from returning to work. The employee sued in federal court, claiming that the employer had failed to engage in the interactive process, had denied him the reasonable accommodation of additional leave, and had retaliated against him for taking FMLA leave. Later represented the employer in the Southern District of New York, and obtained an order compelling arbitration.  After written discovery and depositions of plaintiff’s proposed expert, the plaintiff withdrew his FMLA claims.  Then successfully obtained summary judgment on the disability claims under the ADA and New York law, with the arbitrator finding that the requested accommodation was not reasonable and the company had sufficiently engaged in the interactive process.