Judge Advises Nixing ADA Suit Against Greenberg Traurig Partner

A legal assistant who formerly worked for Greenberg Traurig LLP saw a magistrate judge recommend a district court dismiss her ADA claims against partner David Kurzweil.

Jennifer Wagner has degenerative disc disease and chronic pancreatitis. She told the US District Court for the Northern District of Georgia that though she received positive evaluations of her performance before Kurzweil and Greenberg learned about her condition, the law firm harassed and discriminated against her after she sought medical treatment. She alleged that the law firm rewrote its Covid-19 protocols so that Wagner wouldn’t be allowed near Kurzweil, and interpreted her request for alternative accommodations as proof she was unqualified for the position. She filed discrimination and retaliation claims under the ADA against the firm and Kurzweil.

Kurzweil said Wagner failed to state a claim, requesting the claims against him individually be dismissed. He said that the US Court of Appeals for the Eleventh Circuit has ruled individuals can’t be employers for the purposes of the ADA.

• The magistrate judge said that despite Wagner’s “conclusory allegations to the contrary,” Kurzweil isn’t her employer for the purposes of her ADA claims on Oct. 13
• The recommendation cited case law saying that ADA employment discrimination and retaliation claims aren’t properly brought against individuals
• The court didn’t reach a conclusion on whether Wagner failed to exhaust her administrative remedies by not naming Kurzweil individually in a prior EEOC charge

Sanchez-Medina, Gonzalez, Quesada, Lage, Gomez & Machado, LLP represents Wagner. Krevolin & Horst LLC represents Kurzweil.

The case is Wagner v. Greenberg Traurig LLP, N.D. Ga., No. 1:23-cv-01676, non-final report and recommendation 10/13/23.