District Judge I. Leo Glasser


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Weinstein was a teacher for 19 years. In 2004 he was diagnosed with Atrial Fibrillation (A-Fib), for which he underwent cardiac ablation surgery in 2010. Both principal Marmor and assistant principal Dunphy knew of his A-Fib diagnosis. Poor performance reviews led to Weinstein’s placement on a Teacher Improvement Plan for the 2014-2015 academic year. As his A-Fib worsened, Weinstein was deemed “unfit to teach” in March 2015. During prescribed medical leave he underwent a second cardiac ablation surgery. He was terminated after a hearing officer found him unable or unwilling to improve his teaching performance. The court dismissed Weinstein’s claims under the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA) and Fourteenth Amendment, and declined supplemental jurisdiction over his state law claims. He conceded failing to exhaust remedies under the ADEA and ADA. Because his amended complaint failed to identify any similarly situated employee, Weinstein did not state a claim for selective enforcement. Nor did he plead facts implying that Marmor, Dunphy or New York City’s education agency harbored animus toward his age, or that such animus influenced the termination decision.