A former employee has filed a lawsuit against his previous employer, alleging severe disability discrimination and wrongful termination. On September 25, 2024, Dennis McManaman lodged a complaint in the United States District Court for the Eastern District of New York against KG & P Strategies, Inc., doing business as The KACE Company, LLC.
According to the court documents, McManaman's ordeal began after he was diagnosed with right knee arthrosis, necessitating a total knee replacement surgery. Employed by KACE as an Investigative Support Analyst at JFK Airport since March 1, 2022, McManaman's role primarily involved desk work without any requirement to lift heavy parcels. However, following his surgery on August 31, 2022, McManaman faced unexpected challenges upon attempting to return to work. Despite informing his supervisors about his medical condition and providing necessary documentation, McManaman alleges that KACE imposed unreasonable demands for him to pass a fitness-for-duty exam requiring him to lift seventy pounds—a task he had never been required to perform before.
The plaintiff asserts that these new requirements were pretextual and discriminatory. On October 12, 2022, when McManaman communicated his readiness to resume work under the same conditions as before his surgery—sitting at a desk—his supervisor insisted on the fitness test and increased working hours from ten-twelve hours per week to twenty-nine hours per week. Despite multiple attempts to comply with requests for additional medical documentation and reasonable accommodation applications through The Hartford (KACE’s medical administrators), McManaman’s requests were repeatedly denied or ignored.
The situation deteriorated further when McManaman was hospitalized with flu complications in November 2022. During this period, KACE falsely claimed they had not received his doctor's notes and threatened job abandonment charges. Even after resubmitting all necessary paperwork and receiving temporary acceptance of light-duty work accommodations in December 2022, KACE ultimately denied these accommodations.
By January 12, 2023, KACE informed McManaman that he no longer met the job requirements and placed him on unpaid leave while suggesting he apply for other positions within the company—positions that were either out-of-state or unsuitable for him. His employment was officially terminated on February 21, 2023.
McManaman claims that throughout this period, non-disabled colleagues continued their desk jobs without facing similar obstacles or requirements. He argues that KACE’s actions constitute clear violations of the Americans with Disabilities Act (ADA), New York State Human Rights Law (NYSHRL), and New York City Administrative Code (NYCHRL). The plaintiff is seeking compensatory damages for lost wages and benefits, emotional distress damages, punitive damages for willful misconduct by KACE, front pay due to future loss of earnings potential resulting from wrongful termination, injunctive relief mandating policy changes at KACE regarding disability accommodations along with reasonable attorneys’ fees and litigation costs.
Representing Dennis McManaman is Ricotta & Marks P.C., specifically attorney Thomas Ricotta. The case has been assigned Docket No.: 24-6767.