Leake v. Long Island Jewish Medical Center, 687
| Decision Date | 23 February 1989 |
| Docket Number | No. 687,D,687 |
| Citation | 869 F.2d 130 |
| Parties | 49 Fair Empl.Prac.Cas. 196, 49 Empl. Prac. Dec. P 38,766, 1 A.D. Cases 1431 Robert LEAKE, Plaintiff-Appellee, v. LONG ISLAND JEWISH MEDICAL CENTER, Defendant-Appellant. ocket 88-7815. |
| Court | U.S. Court of Appeals — Second Circuit |
David H. Diamond, New York City (Fredric C. Leffler, Howard Weingrad, Summit Rovins & Feldesman, New York City, of counsel), for defendant-appellant.
L. Donald Prutzman, Jr., New York City (Josiah Greenberg, Stecher Jaglom & Prutzman, New York City, of counsel), for plaintiff-appellee.
Ellen J. Vargyas, Janice Steinschneider, Nat. Women's Law Center, Washington, D.C., for amici curiae Nat. Women's Law Center, American Ass'n of Retired Persons, American Civil Liberties Union, Americans for Democratic Action, Inc., Church Women United, Coalition of Labor Union Women, Disability Rights Educ. and Defense Fund, Epilepsy Foundation of America, Jewish Women's Caucus, Justice for Women, Mental Health Law Project, Mexican American Legal Defense and Educational Fund, NOW Legal Defense and Educ. Fund, New York Civil Liberties Union, Older Women's League, People for the American Way, Project Equality, Inc., United Auto Workers Intern. Union, United Food and Commercial Workers Intern. Union, Women Employed, and Women's Legal Defense Fund.
Before MESKILL, PRATT and ALTIMARI, Circuit Judges.
This is an appeal from a denial of summary judgment in the United States District Court for the Eastern District of New York, Platt, C.J. Chief Judge Platt certified the order denying summary judgment pursuant to 28 U.S.C. Sec. 1292(b) (Supp.IV 1986), and this Court granted permission to appeal.
We have previously affirmed the decision of the district court by summary order, and we now set forth an extended version of that order for publication.
Plaintiff Leake, who has one arm, was discharged from his employment at defendant Long Island Jewish Medical Center (LIJMC) in 1985. After pursuing his administrative remedies unsuccessfully, Leake filed this action in the district court in 1987. The amended complaint alleged that LIJMC had violated section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Sec. 794 (1982), by discriminating against Leake because of Leake's physical handicap. At the time the complaint was filed, the Supreme Court had interpreted section 504 to apply only to specific programs that received federal financial aid, and not to programs that received no federal financial aid, even if other programs within the same institution received federal financial aid. Grove City College v. Bell, 465 U.S. 555, 104 S.Ct. 1211, 79 L.Ed.2d 516 (1984); Consolidated Rail Corp. v. Darrone, 465 U.S. 624, 104 S.Ct. 1248, 79 L.Ed.2d 568 (1984).
In 1988, however, Congress amended ...
To continue reading
Request your trial
-
US v. CERTAIN FUNDS, 91-CV-3642 (DRH).
...which was pending when the amendments were passed. (See Pl.'s Jan. 14, 1994 Mem. at 31 n. 3 (relying on Leake v. Long Island Jewish Medical Ctr., 869 F.2d 130 (2d Cir.1989) (per curiam), aff'g 695 F.Supp. 1414 (E.D.N.Y.1988) and Mrs. W. v. Tirozzi, 832 F.2d 748, 755 (2d Cir.1987). After a r......
-
Ayers v. Allain
...1414, 1417-18 (E.D.N.Y.1988) (Terms "program or activity" in the Civil Rights Restoration Act of 1987 apply retroactively) aff'd, 869 F.2d 130 (2nd Cir.1989); Mrs. W. v. Tirozzi, 832 F.2d 748, 755 (2nd Cir.1987) ("The 1986 amendment in the present case [the Handicapped Children's Protection......
-
Smith v. Petra Cablevision Corp.
...1212, 105 S.Ct. 1181, 84 L.Ed.2d 329 (1985); Leake v. Long Island Jewish Medical Center, 695 F.Supp. 1414 (E.D.N.Y. 1988), aff'd, 869 F.2d 130 (2d Cir.1989). Tirozzi and O'Hara were, however, issued prior to the Supreme Court's decision in Bowen. As for Leake, the district court's opinion w......
-
Drummer v. DCI Contracting Corp.
...711 F.Supp. 157, 161 (S.D.N.Y.1989); Leake v. Long Island Jewish Medical Center, 695 F.Supp. 1414, 1418 (E.D.N.Y.1988), aff'd, 869 F.2d 130 (2d Cir. 1989). While pending, SDHR proceedings are exclusive. N.Y.Exec.Law § 300. This scheme has been stringently upheld, even with respect to claims......