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Braxton v. TWU Local 100

Union's Conduct Not 'Arbitrary', in 'Bad Faith'; No Animus in Accommodation's 'Denial'

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OPINION AND ORDER

*1 Plaintiff Robert Braxton brings this action against Defendants Transport Workers Union Local 100 (“TWU”), Tracey Young, Jose Castro, and Richard Davis for alleged violations of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §12112 et seq. Defendants move to dismiss Braxton’s Amended Complaint for failure to state a claim upon which relief can be granted. (Dkt. No. 13.) For the reasons that follow, Defendants’ motion is granted.I. BackgroundPlaintiff’s Amended Complaint, filed pro se, is sparse on factual allegations. The Court has pieced together the following facts from Braxton’s Amended Complaint and his Notice of Right to Sue letter from the Equal Employment Opportunity Commission (“EEOC”), which was attached to the complaint. The factual allegations in these documents are presumed true for purposes of deciding the motion to dismiss.Robert Braxton was employed as a bus operator by the New York City Metropolitan Transportation Authority (“MTA”). (Dkt. No. 5 (“FAC”) at 7.) At some point during his employment, Braxton took leave to have knee replacement surgery on his right knee. (FAC at 8-9.) Braxton returned to work on May 27, 2015, at which time he was assigned to work as a “caretaker.” (FAC at 9.) Braxton states that his “doctor has written letters” indicating that

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