MATTER OF GAINES


37 A.D.3d 962 (2007)

829 N.Y.S.2d 747

In the Matter of the Claim of SHAWN A. GAINES, Appellant. NEW YORK CITY TRANSIT AUTHORITY, Respondent; COMMISSIONER OF LABOR, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided February 15, 2007.


Claimant, who suffers from a hearing impairment, worked for the employer as a train operator for 21 years. In July 2004, he was temporarily suspended from his job, but was scheduled to return to work in October 2004. Prior to his scheduled return, the employer implemented a policy prohibiting employees from working as train operators when, like claimant, they have medical restrictions that prevent them from operating trains in passenger...

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