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SHANNON v. NEW YORK CITY TRANSIT AUTHORITY

Docket No. 02-7266.

332 F.3d 95 (2003)

Curtis SHANNON, Plaintiff-Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, a Public Benefit Corporation and the Manhattan and Bronx Surface Transit Operating Authority, a Public Benefit Corporation, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: June 13, 2003.

Attorney(s) appearing for the Case

Irene Donna Thomas, Thomas & Associates, New York, NY, for Plaintiff-Appellant.

Louis Pechman, Berke-Weiss & Pechman LLP, New York, NY, for Defendants-Appellees.

Before: JACOBS and SACK, Circuit Judges, and TRAGER, District Judge.

JACOBS, Circuit Judge.

Plaintiff Curtis Shannon, who worked as a bus driver, was found to be color-blind and asked to resign his position in lieu of termination. Shannon contends that he was constructively fired on the basis of a "regarded as" disability in violation of the Americans with Disabilities Act ("ADA"), 42 U.S.C. §§ 12101 et seq., and of state and local disability discrimination laws. The United States District Court for the Southern District...

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