On May 7, 2024, Professor Jan Ramjerdi filed a class action complaint against the City University of New York ("CUNY"), Queensborough Community College, the City of New York, and additional defendants, alleging a policy, pattern, and/or practice of: (1) illegal denials of mental health disability-based fully remote work accommodation requests by full-time faculty; (2) illegal retaliation against faculty who made such requests; and (3) illegal FMLA denials, among other alleged discriminatory and retaliatory practices.

QUEENS, N.Y., May 13, 2024 /PRNewswire-PRWeb/ -- Plaintiff Professor Jan Ramjerdi ("Plaintiff") has served as a tenured Associate Professor of English at Queensborough Community College ("QCC") since September 1, 2009, and has taught at QCC since 2003.

On May 7, 2024, Plaintiff filed a class action complaint against the City of New York ("NYC"), the City University of New York ("CUNY"), QCC, CUNY Chancellor Félix V. Matos Rodríguez (in his official capacity), QCC President Christine Mangino, QCC Human Resources Director Martha Aspromatis, QCC Human Resources Director for Benefits Ysabel Macea, QCC ADA Compliance Coordinator/Assistant Vice President for Equity, Inclusion, and Belonging Amaris Matos, and former QCC Interim Executive Director for Human Resources Sangeeta Noel (collectively, "Defendants").

The class action complaint's allegations include an alleged policy, pattern, and/or practice of: (1) illegal denials of mental health disability-based fully remote work accommodation requests by full-time faculty; (2) illegal denials of requests for FMLA leave by full-time faculty based on a pending disability-based accommodation request and/or the permanent nature of the disability or serious health condition; (3) retaliation against full-time faculty for requesting disability-based fully remote work accommodations and/or FMLA leave; (4) an illegal medical separation policy that permitted the separation of full-time faculty without consideration or evaluation of their entitlement to a disability-based reasonable accommodation; and (5) illegal provision of unprotected "general accommodations" of fully remote work instead of protected disability-based accommodations, among other challenged practices alleged to violate the Rehabilitation Act, FMLA, and/or New York City Human Rights Law ("NYCHRL").

The class action complaint alleges that all, or almost all, CUNY faculty taught fully remotely during the COVID-19 pandemic, from mid-March 2020 through the spring 2021 semester (approximately three academic semesters). The class action complaint additionally alleges that, for the spring 2022 semester, CUNY announced a 70/30 In-Person/Remote policy requiring 70% in-person courses and 30% remote courses, including that, "[a]side from unusual circumstances, all full-time faculty members should teach at least one in-person course on campus." Plaintiff alleges that Defendants repeatedly illegally denied Plaintiff's, and a class of full-time faculty members', requests for mental health disability-based fully remote work accommodations because of the 70/30 In-Person/Remote policy.

The class action complaint further alleges that, after initially filing pretextual and/or retaliatory disciplinary charges against Plaintiff, NYC, CUNY, and/or QCC applied their medical separation policy to medically separate Plaintiff in furtherance of their retaliation and/or discrimination. The class action complaint alleges that they did so by circularly relying on the very mental health disabilities that Plaintiff had sought a fully remote work accommodation and FMLA leave to address, as the primary basis for Plaintiff's medical separation. The class action complaint alleges that this medical separation policy was a policy, practice, and/or standard operating procedure of NYC, CUNY, and/or QCC of failure to accommodate disabilities, retaliation for requesting a fully remote work accommodations and/or FMLA leave, and interference with disability and/or FMLA rights.

The class action complaint additionally alleges disparate impact violations, violations of FMLA notice rights, and Rehabilitation Act medical inquiry violations.

The fifteen-count class action complaint seeks, from some or all Defendants, back pay, front pay and/or reinstatement, compensatory damages, nominal damages, actual damages, liquidated damages, declaratory relief, injunctive relief, as well as punitive damages against the QCC individual defendants sued in their individual capacities.

Plaintiff's requested class-wide injunctive relief seeks an injunction: (1) prospectively exempting disability-based fully remote work requests from the 70/30 In-Person/Remote Policy; (2) requiring the creation and funding of an independent office and/or ombudsman to objectively evaluate all disability-based remote work requests and FMLA leave requests; (3) requiring the re-evaluation of all disability-based remote work requests and FMLA leave requests within the last three years by an independent office and/or ombudsman; (4) reinstatement of all class members terminated or medically separated because of an illegal denial of a disability-based fully remote work accommodation and/or FMLA leave request; and (5) reclassification of time illegally categorized as an unauthorized absence as a protected authorized absence, under the Rehabilitation Act, FMLA and/or NYCHRL.

The case is Ramjerdi v. The City of New York, et al., No. 1:24-cv-03380-NGG-RML and is before U.S. District Judge Nicholas G. Garaufis and Magistrate Judge Robert M. Levy in the United States District Court for the Eastern District of New York.

Media Contact

Cyrus Dugger, The Dugger Law Firm, PLLC, 1 (646) 560 3208, cd@theduggerlawfirm.com, https://www.theduggerlawfirm.com/

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