Legal Question in Disability Law in New York
discrimination in support trial
My feance is a recovering alcihaulic. Her son lives with his father. She was paying support, then left her job to recive treatment for her illness. she recived inpaitiant treatment for about 4 months. during her treatment she quit her job because the facility where she was being treated would not alow her to work. she has since gained employment, but for less money with a better career oppertunity(long term). In the support trial, the respondant was a no show and the support magistrate told her that the reason for quiting her job was self induced, and therfore he would not modify her support. i belive this would not have been the case if her illness was cancer. i also belive she was discriminated against because of this. i would very graitly appreciate any input on this matter.
1 Answer from Attorneys
Re: discrimination in support trial
If I understand your question, you are asking actually two different things: a) is alcholism
a "disability" under the ADA; and b) can she take action against the support magistrate for treating it as a self induced problem.
The second question must be answered in the negative regardless of the first, so I will start with that. Whether correct or incorrect,
a member of the bench can not be sued, ie, they are immune from civil liability for everything from defamation to discrimination in a court proceeding. So are the litigants.
Now, as to the first question; there have been decisions where alcoholism and drug abuse have been deemed to be illnesses. However, whether that makes the alcoholism in this case a disabling condition is a different question. She was not fired; she quit to go to her rehab program and if that is part of the cost of her recovery, she should accept it and be glad she has been able to get a better job.
This answer might be different if the employer had fired her or reduced her pay. But not the magistrate.
Her remedy is to Appeal the decision.
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