Below is the age and disability discrimination complaint, captioned Staropoli v. St. Luke’s Cornwall Hospital and Debra Tompkins, 14 CV 3317, filed in the Southern District of New York on May 7, 2014.
Plaintiff, who is 60 years old and suffers from Tourette Syndrome and Type II Diabetes, alleges, among other things, that “[b]y failing to accommodate Plaintiff’s rare yet involuntary utterance of the word ‘fuck’ …, by engaging in conduct designed to exacerbate his Tourette Syndrome symptoms, and by terminating his employment after he complained of the mistreatment …, St. Luke’s engaged in unlawful discrimination and retaliation.”
He asserts statutory claims under the Americans with Disabilities Act of 1990, the Age Discrimination in Employment Act of 1967, and the New York State Human Rights Law, as well as a defamation claim under New York state law.