Lehey v. Northwell Health, Inc.

Background

Timothy J. Lehey sued Northwell Health, Inc., North Shore LIJ Anesthesiology, P.C., and Northwell Health Anesthesiology, P.C. He alleged disability discrimination under the Americans with Disabilities Act (ADA) and the New York State Human Rights Law (NYSHRL), as well as a violation of an August 18, 2021 New York State Department of Health Order for Summary Action. Lehey voluntarily dismissed the case without prejudice against Northwell Health Anesthesiology, P.C.; the motion at issue was brought by Northwell Health, Inc. and North Shore-LIJ Anesthesiology, P.C.

Lehey alleged that Northwell employed him as a Certified Registered Nurse Anesthetist from 2018 through September 30, 2021, including caring for COVID-19 patients. After New York required covered health-care personnel to be vaccinated against COVID-19, Lehey sought a medical exemption. He alleged that he had atrial fibrillation, took a daily blood thinner, and was concerned about the vaccine’s alleged risks of myocarditis and blood clots. He further alleged that a Northwell human-resources director told him Northwell was not accepting medical-exemption requests except from employees with a documented history of vaccine-related anaphylaxis. Lehey was terminated on September 30, 2021, for failing to receive the vaccine.

Legal standard

Northwell moved under Federal Rule of Civil Procedure 12(b)(6), which allows dismissal when a complaint does not state a legally sufficient claim. At this stage, the court accepts well-supported factual allegations as true and asks whether they plausibly show an entitlement to relief. The court does not accept bare legal conclusions as true.

ADA and NYSHRL claims

Lehey’s first and second claims alleged that Northwell failed to provide a reasonable accommodation, failed to engage in the required discussion about accommodations, and terminated him because of his disability. For purposes of the motion, the parties did not dispute that Lehey’s atrial fibrillation was a disability under the ADA and NYSHRL.

The court held that Lehey plausibly alleged a failure-to-accommodate claim. His allegation that Northwell told him it was not accepting medical-exemption requests supported an inference that he was denied the opportunity to request an accommodation. The court also held that it could not determine from the complaint alone that Lehey was legally ineligible for a medical exemption under the Department of Health’s vaccination mandate. Because the ADA claim was adequately pleaded, and the NYSHRL uses a more liberal standard for the conduct alleged, the court denied the motion to dismiss the first and second claims.

Department of Health Order claim

Lehey’s third claim alleged a violation of the Department of Health’s August 18, 2021 Summary Order. Northwell argued that the order did not create a private right of action—that is, a right for an individual to sue for damages—and that the order was not in effect at the relevant times. Lehey argued that the order’s provisions remained effective through the later vaccination mandate and that the medical-exemption provision implied a private right of action.

The court found that Lehey cited no authority establishing a private right to recover damages under the Summary Order, and the court found none. It therefore granted Northwell’s motion as to the third claim.

Disposition

The motion to dismiss was granted in part and denied in part. It was denied as to Lehey’s ADA and NYSHRL claims and granted as to the Department of Health Summary Order claim. The defendants were directed to answer the complaint within 14 days of the order.