New York-based Achilles International, a nonprofit that helps connect people with disabilities to athletic opportunities, is being sued in a district court by a former employee for disability discrimination under the Americans with Disabilities Act (McKinney v. Achilles International, Inc. No. 1:23-cv-02833 S.D. N.Y. (April 4, 2023)).
The plaintiff had worked a desk job at the organization since 2013. She had end-stage renal disease and was given the accommodation to work remotely on the days following her kidney dialysis, which caused “tremendous fatigue” in addition to other effects, according to the complaint.
In 2019, the former CEO was replaced by a new CEO, who immediately rescinded the plaintiff’s disability accommodation and was “dismissive” and “uninterested” when the plaintiff attempted to explain her need for the accommodation, according to the lawsuit. At the same time, the complaint alleged, the new CEO allowed a worker without disabilities to work remotely because the employee’s “husband liked to travel frequently.”
In September 2020, the plaintiff was furloughed, which the complaint alleged “amounted to a termination,” and was asked to sign an agreement that would release Achilles International from all claims in exchange for paying for the plaintiff’s health insurance premiums for the duration of the furlough. The plaintiff did not sign the agreement. She was fired in March 2021 and told her position was being eliminated. Shortly thereafter, she was replaced with a nondisabled employee, the complaint alleged.
In addition, the lawsuit alleges the CEO systematically discriminated against employees with disabilities, firing eight in total. “By the time [the plaintiff] was fired, the new CEO managed to purge so many disabled employees that an organization formerly run by and for the disabled now had a majority nondisabled workforce,” the complaint said.
Achilles pushes back
In a statement to HR Dive, Margaret DeJesus, director of communications for Achilles International, denied the allegations: “This is a baseless lawsuit attempting to relitigate inaccurate claims that were previously dismissed for lacking merit by the New York State Division of Human Rights. Achilles remains focused on our core mission of supporting and empowering the disability community through athletic programs and social connection and greatly values the contributions from our dedicated employees.”
The New York State Division of Human Rights conducts investigations into discrimination and equal opportunity claims in the state. The agency did not immediately respond to a request for confirmation of its findings.
