District Judge Denis R. Hurley


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Born with Tourette syndrome and obsessive compulsive disorder, plaintiff has worked for Costco, in various capacities, since March 1996. Several incidents occurred after Resnikoff became general manager of plaintiff’s workplace in 2013. Plaintiff has been on medical leave following a Nov. 1, 2014 anxiety attack. The court granted Costco summary judgment in his Jan. 29, 2015 suit for disability discrimination violating the Americans with Disabilities Act and New York State Human Rights Law, it found plaintiff did not make out a prima facie case for disability discrimination under theories of a hostile work environment, disparate treatment, or failure to accommodate. Nor did he make out a prima facie claim of retaliation. Among other things, the court found Costco is continuing to accommodate plaintiff via indefinite medical leave following a month’s medical leave while his medication was adjusted. Noting that plaintiff is on medical leave from Costco and had not resigned, the court rejected his claim that he was retaliated against for sending an email complaint to Costco’s CEO on March 29, 2014, and filing a complaint with the New York State Division of Human Rights on Aug. 14, 2014, both of which were deemed protected activities.