District Judge Mae Avila D’Agostino


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Defendants moved for summary judgment in plaintiff’s complaint alleging disability and pregnancy discrimination, and interference and retaliation in violation of the ADA, FMLA, and New York State Human Rights Law. Plaintiff was pregnant when she was hired and took a period of leave following the birth of her son. In the weeks following her return plaintiff missed work on multiple occasions, and was noted as using her phone excessively. After taking a leave of absence following the death of her grandmother, plaintiff was terminated by defendants. In support of their motion, defendants first argued that plaintiff failed to file her suit within 90 days of receiving her EEOC right to sue letter. The court agreed, holding that it was presumed a right to sue letter was received within 3 days of mailing, and finding that plaintiff presented no evidence to rebut that presumption. The court further held that a second letter did not equitably toll the limitations period. The court further held that plaintiff failed to make a prima facie case on the rest of her claims, finding that defendants presented evidence that her termination was merit-based.