WHITE PLAINS, NY — The United States District Court for the Southern District of New York has denied, in part, a motion for Summary Judgement filed by Gustavo Barbosa, Dr. Rhonda Jones, Dr. Joseph Williams and the City School District of New Rochelle. The case involves a disability claim filed against the City School District of New Rochelle by a former employee. The case will now move towards a jury trial this summer.
Defny Gamboa served as a social worker for the New Rochelle School District. In May 2017, the school terminated her employment, citing excessive absences. Ms. Gomboa is a disabled Afro-Latino woman.
Ms. Gomboa filed a lawsuit against the District for disability discrimination. In April 2021, The District filed a summary judgement to dismiss the lawsuit, citing Ms. Gamboa’s attendance (excessive absences) as the pre-textual reason for her termination.
On March 4, 2022, that motion was denied by Judge Cathy Seibel.
Seibel ruled that the disability claim against the School District and the failure to accommodate are issues that a jury will consider at a trial scheduled for July.
“I’m very happy for Defny.” said Gamboa’s attorney, Richard St. Paul of the St. Paul Law Firm. “People with disabilities face obstacles every day at work that are purely related to their disabilities, they should not also have to be subjected to unfair treatment by their employers.
“Everyone should have a right to fair and equal employment regardless of race, sex, religion, or disability.”
The motion for Summary Judgment was filed by Defendants Gustavo Barbosa, Dr. Rhonda Jones, Dr. Joseph Williams and the City School District of New Rochelle. Their Motion for Summary Judgment was granted in part and denied in part. The remaining claims are: disability discrimination against the District (New York State Human Rights Law aiding and abetting against Defendant Jones) and failure to accommodate against the District (New York State Human Rights Law aiding and abetting against Defendant Jones and Barbosa).
The case is estimated to take 4 to 5 days to try.
Proposed voir dire questions and jury charge are to be submitted by June 21, 2022. A Final Pre-Trial Conference is scheduled for July 6, 2022, at 2:30 p.m. Jury selection and trial is scheduled for July 11, 2022, at 9:00 a.m.
Gamboa v. City School District of New Rochelle et al
NR school district trash … I went through so much of the same despicable abuse I was harassed unmercifully. They made my life a living hell. I hope and pray they all get prosecuted.