September 2, 2014

NCY Fire deptNEW YORK CITY –  The Second Circuit court cleared the New York Fire Department of allegations it discriminated against an employee with Asperger’s Syndrome.  Glenn Krasner, who worked as a fire protection inspector from 1992 to his firing in 2009 has Asperger’s Syndrome and alleges he was fired in violation of the federal American with Disabilities Act.

This ruling held upholds a lower court’s judgment in favor of the city. It had found that the fire department had a legitimate, non-discriminatory reason for firing Krasner. Irrespective of his Asperger’s, he had a history off inappropriate conduct.

The Second Circuit Panel said:

“The evidence was undisputed that Krasner repeatedly engaged in serious misconduct, as evidenced by his extensive disciplinary history, which included instances of insubordination, use of profane language and threats to co-workers of serious physical harm,” .

Further adding:

“The fact that such aberrant behavior may be a result of Krasner’s Asperger’s is immaterial, inasmuch as ‘workplace misconduct is a legitimate and nondiscriminatory reason for terminating employment, even when such misconduct is related to a disability.’”

An attorney for Krasner did not respond to a request for comment on Thursday.

The original article by Scott Flaherty on the Law 360 website can be read here

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