Ex-Sumitomo Mitsui In-House Lawyer Settles Disability Bias Suit

Sumitomo Mitsui Banking Corp. and a former assistant general counsel who said he was fired because of a foot disability settled his lawsuit, New York federal court records show.

Ted Amley and the bank told the U.S. District Court for the Southern District of New York on Tuesday in a joint letter that they had reached a settlement “in principle” and were waiting to finish exchanging and signing the settlement documents. They asked the court to stay the case while they worker to complete the settlement.

Terms of the agreement weren’t included in the court record or shared by the parties.

Sumitomo Mitsui declined to comment and counsel for Amley didn’t immediately respond Wednesday to Bloomberg Law’s request for details.

The settlement comes a little more than four months after Judge Colleen McMahon ruled that Amley could take his claim under the disability bias provisions of the New York City Human Rights Law to trial.

The judge cited the “far broader” definition of disability that courts recognize under that law than under the similar provisions of the New York State Human Rights Law. Amley provided just “barely” enough evidence for a jury to find his plantar fasciitis, an inflammation of tissue that can cause heel pain, drove the termination decision, she said.

McMahon in that Sept. 27 ruling granted summary judgment against Amley on all of his other claims, including a NYCHRL retaliation claim and claims under the NYSHRL and the Family and Medical Leave Act.

The court entered an order Wednesday staying the case for 30 days.

Paykin Krieg & Adams LLP represents Amley. Proskauer Rose LLP represents Sumitomo Mitsui.

The case is Amley v. Sumitomo Mitsui Banking Corp., S.D.N.Y., No. 1:19-cv-03777, settlement in principle 2/1/22.