Judge David larimer
Plaintiff Wilson-Richardson drove a bus for Regional Transit Service Inc. (RTS). Investigating her July 2, 2007, complaint—dual filed with the EEOC—the state's human rights agency found she established probable cause to believe RTS, and codefendants Griffith and Tunaitis, discriminated against her by not providing her a bus she could drive without straining her right leg to reach its foot pedals. Plaintiff's April 21, 2010, lawsuit, alleging discrimination—and retaliation—violating the Americans with Disabilities Act (ADEA) and Title VII of the Civil Rights Act, was brought 92 days after a Jan. 19 90-day right to sue letter. She also sought to pursue bias claims connected with a July 17, 2008, administrative charge. Partly dismissing her complaint, the court held only plaintiff's claims against RTS and Griffith for disability based discrimination and failure to accommodate survived. By operation of New York Executive Law §297(9), the court lacked jurisdiction over her claim that RTS subjected her to race and sex discrimination, and retaliated against her for filing her administrative charge by delaying its approval of her application for "medical benefits" retirement. Further, plaintiff did not exhaust her administrative remedies on those claims.