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Judge Chin http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=57357 BLIND PLAINTIFF’S suit against defendant former employer – a nonprofit assisting disabled people – alleged: breach of a collective bargaining agreement, unpaid overtime wages under the Fair Labor Standards Act (FLSA), age and disability discrimination and unlawful retaliation. The court partially dismissed her claims. It deemed her a learned professional who exercised independent discretion and judgment in her position as a vocational rehabilitation counselor, and thus exempt from FLSA overtime requirements. Plaintiff’s disability discrimination and unlawful retaliation claims survived dismissal. The court determined that a jury must decide whether plaintiff’s requests to be assigned to defendant’s job training unit and to be assigned a secretary to assist her were reasonable accommodation requests. The court also determined that a fact issue existed whether plaintiff was fired in retaliation for filing a complaint with the Equal Employment Opportunity Commission.

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