No. 21-1112

Sonya Gorbea v. Verizon New York, Inc.

Lower Court: Second Circuit
Docketed: 2022-02-11
Status: Denied
Type: Paid
Tags: ada constructive-termination employment-discrimination job-abandonment pretext ptsd reasonable-accommodation reasonable-accommodations title-vii
Key Terms:
Arbitration SocialSecurity ERISA DueProcess EmploymentDiscrimina
Latest Conference: 2022-04-14
Question Presented (from Petition)

1. How can Verizon dereliction of duty and reckless disregard for the necessary medical treatment be acceptable under the ADA/Title VII in much as not provide accommodations for PTSD requested by Gorbea when medical documentation provided by Verizon's Carrier and provided by Gorbea's Physicians have been received by Verizon in accordance with Verizon policy just as similar situated technicians do?

2. How can Verizon establish a pretext of job abandonment when Verizon issued a written warning, adverse employment action, for Gorbea "TO LEAVE VERIZON'S PREMISE." and refused to provide reasonable accommodation for her PTSD?

3. How could Gorbea return to work safely "to perform essential functions of her job/show up to work" at Verizon in any capacity, when Verizon refused to acknowledge and provide necessary reasonable accommodation for her PTSD?

Question Presented (AI Summary)

How can Verizon's dereliction of duty and reckless disregard for necessary medical treatment be acceptable under the ADA/Title VII when Verizon refused to provide reasonable accommodations for PTSD?

Docket Entries

2022-04-18
Petition DENIED.
2022-03-29
DISTRIBUTED for Conference of 4/14/2022.
2022-03-14
Brief of respondent Verizon New York, Inc. in opposition filed.
2022-02-03
Petition for a writ of certiorari filed. (Response due March 14, 2022)

Attorneys

Sonya Gorbea
Sonya Gorbea — Petitioner
Verizon New York, Inc.
Edward Michael KochWhite & Williams LLP, Respondent