Judge Leonard Wexler
Astrin’s duties at Maharam Fabric included lifting and carrying packages of fabric from a moving roller conveyor belt. His wrist and shoulder were hurt after his arm got stuck in a conveyor belt in May 2010. Astrin was granted Family Medical Leave Act absence until July 19. Maharam created a special office position to accommodate Astrin’s physical restrictions. He worked in that position until Aug. 27, when his doctor told him to resume leave, which began Sept. 2. He was fired on Oct. 26, allegedly in retaliation for his request for an additional accommodation. The court denied Maharam summary judgment in Astrin’s lawsuit asserting failure to accommodate violating the Americans with Disabilities Act. Of the elements for a failure to accommodate claim under McBride v. BIC Consumer Products Mfg. at issue was whether or not “with reasonable accommodation” Astrin could perform “the essential functions” of his job. Fact issues precluded entry of summary judgment. The court could not say whether Astrin’s disability prevented him from performing the functions of his job, with or without reasonable accommodation. Nor could it state whether or not any requested accommodation was the cause of his termination.
