Judge Edgardo Ramos
Giraud provided speech and language pathology services to non-resident students at the private Bishop Dunn Memorial School. In 2011 she was assigned defendant district-resident students, and told she would be paid as an employee of Ulster BOCES. At an Aug. 30, 2011, interview Giraud disclosed her multiple sclerosis. Following a Sept. 15 letter terminating her services, Giraud was ultimately hired as a "substitute" at $35,000 salary reduction. She alleged violation of the Americans with Disabilities Act (ADA) by retaliating against her for a July 2012 EEOC complaint. After suit's removal under the Fourteenth Amendment's Equal Protection Clause, Giraud stipulated to her Equal Protection claim's dismissal. District court granted her leave to assert an ADA retaliation claim, the four elements for which, in Treglia v. Town of Manlius were met. Her alleged dramatic pay decrease was a "materially adverse change" in her employment conditions. As the alleged adverse employment action occurred less than two months after Giraud filed her letter with the district claiming discrimination, she alleged a causal connection between her protected activity and her later pay decrease.
