WJCNY filed a New York Human Rights Law lawsuit on July 10, 2019 on behalf of Javier Amigon against KTF Enterprises, Inc. and Kirker Enterprises, Inc. in Orange County New York State Supreme Court. Javier Amigon is an individual with a disability with a below the knee left leg amputation and a partial right foot amputation who was a long-term, highly reliable factory worker in Defendants’ international large-scale beauty supplies production and distribution business. Mr. Amigon performed his job responsibilities as a line-worker faithfully for many years while having access to a stool as a reasonable accommodation.
In the summer of 2015, Defendants acquired the company and production facility where Mr. Amigon had served as a long term employee. Shortly thereafter, they callously threw Mr. Amigon’s stool into the garbage and forced him and other employees to stand while performing their job responsibilities. Mr. Amigon pled for continued access to a stool, provided numerous doctors’ notes, and sustained serious injuries while fighting to keep his livelihood during his attempts to work standing up. He was denied this simple and economical accommodation, his doctors’ notes were ignored, he was forced out of work, and he was ultimately terminated on July 11, 2016.
Under New York State Human Rights Law, Executive Law 290, et. seq., employees with disabilities are entitled to reasonable accommodations that enable them to perform the essential functions of their job. The NYSHRL also prohibits employers from discriminating against a qualified individual on the basis of their disability. Click here to read the full complaint.