SPH has again won the right to a jury trial, this time in a disability discrimination case. In Friedman v. Bloomberg, L.P., Index. No. 152952/2021 (Sup. Ct. N.Y. Cty. October 10, 2023), our client was assigned to a position that directly conflicted with her disability of dyslexia. When she requested an accommodation that would allow her to perform her duties, she was terminated. Bloomberg unfairly called her request for someone to proofread her work as a “mandate” that the company refused to consider. Bloomberg refused to engage in any interactive process or cooperative dialogue to see what it could do to permit our client to continue in her position.
This case highlights the factual disputes that permeate discrimination cases. While our client was only asking for help to be able to do her job, Bloomberg distorted her request as a complaint that the new role was beneath her, labeled her as insubordinate and not willing to do her job. We were able to successfully demonstrate to the Court that these are all questions of credibility and intent, which a jury – not a judge – must decide.