Judge Lawrence Kahn
Disabled under 42 USC §12111(8), Zavala was employed by Cornell University since May 1993. In October 2009 he sought a reasonable accommodation under the Americans with Disabilities Act (ADA) for chronic foot swelling. A February 2010 "below average" performance evaluation was attributed to frequent absences that "slowed down the progress of [Zavala's] team." In June 2010 he learned his foot was broken. He went on short term disability leave after Cornell refused his request for light-duty work. On his Oct. 11, 2010, return Zavala was reassigned to a new team, in which he was harassed. District court dismissed Zavala’s pro se Nov. 28, 2011, lawsuit under the ADA, concluding that his claims fell outside the applicable limitations period. Also, noting that an unsatisfactory performance evaluation alone does not amount to an adverse employment action, the court concluded that aside from the change in his work resulting from his disability, Zavala made no showing that he experience a decrease in wages or employment benefits. However, in light of Zavala’s pro se status and the fact that he alleged an ongoing pattern of discrimination the courtin an abundance of cautiongranted Zavala 30 days to amend his complaint.
