He says he documented every sick day for a genetic condition - and lost his job anyway
A New York City transit cleaner says he was fired for taking documented sick days to manage a serious genetic disability - two days after his supervisor called him a top performer.
The worker sued the New York City Transit Authority in Manhattan federal court on Aug. 13, 2026. The case turns on a question HR teams face constantly: what to do when a new hire on probation keeps missing work for a documented medical condition.
According to the complaint, the worker has Familial Adenomatous Polyposis, a lifelong genetic condition affecting his digestive system. Flare-ups can hit without warning and sometimes send him to the hospital. He says he was upfront about it from the start - checking the disability box on his application, telling the agency's doctors about a 2019 abdominal surgery during a pre-hire exam, and handing disability paperwork to both the medical staff and human resources. When he told an HR representative he might need accommodations, the complaint alleges she said only, "noted."
Hired in April 2024 at $21.00 an hour, he was placed on a standard six-month probation, the filing states. He says he did the job well and documented every absence. After a September flare-up, he alleges he was out about two weeks, was hospitalized, received IV treatment, then returned with a doctor's note he gave to HR and a superintendent.
Then came the discipline. On Oct. 10, 2024, a probationary officer issued a notice citing unsatisfactory time and attendance, extended his probation by six months and stamped it a "final warning," according to the complaint. He alleges the notice also accused him of non-performance and sleeping on duty - claims he says were "completely false." He told the officer his absences were medical and documented, the filing says, but was told he would have to make up the time.
On Oct. 15, his immediate supervisor handed him a letter of good service calling him a "valuable asset to this team" who "knows his job well," the complaint states. Two days later, he was fired. The probationary officer who delivered the news said only, "this is what I am being told" and that "it did not make sense," according to the filing - and he says a union representative agreed the decision made no sense.
For HR readers, the heart of the case is the interactive process - the dialogue an employer is expected to have with a disabled worker about possible accommodations. The complaint alleges the agency skipped it entirely, disciplining him for medically excused absences rather than assessing whether his condition could be accommodated. It also alleges the agency moved to end his employment before probation closed to deny him union representation and progressive-discipline protections.
The suit brings claims under the Americans with Disabilities Act, the New York State Human Rights Law and the New York City Human Rights Law. He is seeking back pay, front pay, compensatory and punitive damages, and attorneys' fees, and has demanded a jury trial.
The allegations have not been tested in court, and no judge has ruled.
