In a recent case against David Kurzweil, a partner at major international law firm Greenberg Traurig LLP, a magistrate judge recommended that a district court dismiss all ADA claims. The accusations came from Jennifer Wagner, a former legal assistant at the firm, who asserts that she was a victim of workplace harassment and discrimination following her pursuit of medical treatment for her degenerative disc disease and chronic pancreatitis.
Wagner detailed to the US District Court for the Northern District of Georgia how, despite receiving positive evaluations for her work prior to making her health conditions known, the attitudes towards her drastically changed. She elaborated that she believes the firm went as far as to alter its Covid-19 protocols to prevent her from being near Kurzweil and interpreted her requested modifications to her work environment as measures that invalidated her suitability for her role.
However, in response, Kurzweil filed a motion for the dismissal of the accusations against him, arguing that Wagner was unable to establish a substantial claim. He referred to the rulings of the US Court of Appeals for the Eleventh Circuit, which have previously stated that individuals cannot essentially be classified as employers under the jurisdiction of the ADA.
The ruling from the presiding magistrate judge supported Kurzweil’s contention, stating that despite Wagner’s allegations of the contrary, Kurzweil doesn’t meet the qualification for an employer in accordance with her ADA claims. This decision was made on October 13. The judge further cited case law that stated ADA discrimination and retaliation claims shouldn’t be directed towards individuals. However, the court did not offer a conclusion on whether Wagner complied with all necessary administrative procedures and processes by failing to specify Kurzweil in a prior EEOC charge.
Wagner is represented by the law firm of Sanchez-Medina, Gonzalez, Quesada, Lage, Gomez & Machado, LLP. Krevolin & Horst LLC represents Kurzweil.
Additional details surrounding this ongoing case, Wagner v. Greenberg Traurig LLP, can be found on the official webpage of the US District Court for the Northern District of Georgia. The non-final report and recommendation were released on October 13, 2023.