Michael Troeger tried to sue his past employer under the Disabilities Law through a shady lawsuit. However, the court noticed the discrepancies in his claims and refuted the claim.
The following review on Michael Troeger explores his false claims, what he currently claims to be, and what the court said on the matter:
What Michael Troeger Claims to Be:
Michael Troeger is a veteran educator, educational consultant, and researcher who has spent his entire career advocating for meaningful educational reform.
Michael is well-known for his multifaceted approach to education, which includes elements of research and data analysis, leadership skills, program and curriculum development, student advocacy, administrative streamlining, and counseling and psychology.
Within educational circles, he is highly regarded for combining a diverse breadth of knowledge with compassionate and ethical leadership.
Michael Troeger is currently the CEO of his own educational consulting firm.
In the field of education in New York State, he is known as a staunch advocate for underrepresented groups and is regarded as an expert on student support services, special education, program development, and social and emotional learning.
He has published several well-received research papers on teacher job satisfaction and positive workplace relationships throughout his career. Michael resides in Shokan, New York.
Michael Troeger versus Ellenville School District
Michael Troeger filed a lawsuit against Ellenville Central School District for violations of the Civil Rights Act (1964, Title VII), the Americans with Disabilities Act (ADA), the Rehabilitation Act of 1973, the Age Discrimination in Employment Act, and other laws, seeking injunctive, declaratory, and monetary relief.
Michael worked as a School Counselor at Ellenville School. He filed many internal complaints, Michael Troeger estimated that these complaints contained more than 10,000 allegations of harassment, discrimination, retaliation, and complaints of a hostile work environment. Michael claims that Ellenville School either did not investigate these complaints or assigned a biased compliance officer who was named in the complaint to investigate them. Michael claims that the way the investigation was conducted, or the lack thereof, violated the terms of his collective bargaining agreement.
Michael has a back injury, a gastrointestinal disorder with explosive vomiting, asthma, and emotional disabilities such as anxiety, depression, and post-traumatic stress disorder.
On multiple occasions, Ellenville School harasses, intimidates, stalks, blocks an exit, places them under surveillance, provides negative, threatening, and disparaging written communication, belittles, humiliates, and engages in other acts of a similar nature against him.
Ellenville School falsely accuses Michael of being racist in a letter, defames him by implying he is aggressive or mentally unstable and threatens to fire him if he continues to file complaints. Michael was harassed by a compliance officer who mocked, belittled, and spoke in a child’s voice, humiliating him to the point of sobbing.
What is ADA:
In 1990, the Americans with Disabilities Act (ADA) became law. The Americans with Disabilities Act (ADA) is a civil rights law that prohibits discrimination against people with disabilities in all aspects of public life, including jobs, schools, transportation, and all public and private places open to the general public.
The law’s goal is to provide people with disabilities with the same rights and opportunities as everyone else. Individuals with disabilities are afforded civil rights protections comparable to those afforded to people on the basis of race, color, sex, national origin, age, and religion under the ADA. It ensures that people with disabilities have equal access to public accommodations, employment, transportation, state and local government services, and telecommunications.
The Americans with Disabilities Act Amendments Act (ADAAA) was signed into law in 2008 and went into effect on January 1, 2009. The definition of “disability” was significantly altered by the ADAAA.
The changes in the definition of disability in the ADAAA apply to all titles of the ADA, including Title I (employment practices of private employers with 15 or more employees, state and local governments, employment agencies, labor unions, agents of the employer, and joint management labor committees); Title II (programs and activities of state and local government entities); and Title III (employment practices of private employers with 15 or more employees, state and local governments, employment agencies, labor unions, agents of the employer, and joint management labor committees (private entities that are considered places of public accommodation). services, as well as telecommunications.
Part I: Employment
Individuals with Disabilities Have Equal Employment Opportunities
This title is intended to assist people with disabilities in gaining access to the same employment opportunities and benefits as people without disabilities. Employers are required to make reasonable accommodations for qualified applicants and employees. A reasonable accommodation is any change or adjustment to a job or work environment that allows a disabled applicant or employee to participate in the application process or perform essential job functions.
Part II: Nondiscrimination on the Basis of Disability in State and Local Government Services
Title II of the ADA prohibits discrimination against qualified individuals with disabilities in all public entity programs, activities, and services. It applies to all state and local governments, their departments and agencies, as well as any other state or local government instrumentalities or special purpose districts.
It clarifies the requirements of Section 504 of the Rehabilitation Act of 1973, as amended, for public transportation systems receiving federal financial assistance, and it extends coverage to all public entities providing public transportation, whether or not they receive federal financial assistance. It establishes detailed standards for the operation of public transit systems, including commuter and intercity rail.
Part III: Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities
This title prohibits discrimination against people with disabilities in private places of public accommodation. Examples of public accommodations include privately owned, leased, or operated facilities like hotels, restaurants, retail merchants, doctor’s offices, golf courses, private schools, daycare centers, health clubs, sports stadiums, movie theatres, and so on.
This title establishes the minimum accessibility standards for facility alterations and new construction. It also requires public accommodations to remove barriers in existing buildings where doing so is simple and inexpensive. When serving people with disabilities, businesses must make “reasonable modifications” to their usual procedures.
Michael Troeger- Frequently Asked Questions
Who is Michael Troeger?
Michael Troeger worked as a School Counselor at Ellenville School and is now the CEO of his own educational consulting firm and working as an education consultant.
Where is Michael Troeger residing?
Michael Troeger is a professional educator, educational leader, and educational consultant based out of New York State, and the chief executive of his own highly acclaimed consulting firm.
Michael Troeger- Conclusion
“A bad back is not a disability under the disability law”
Michael Troeger versus Ellenville Central School District is the case, and a summary order was issued in May. Troeger suffered a back injury after a fourth-grade student shoved him into a filing cabinet. He claims that the employer did not make reasonable accommodations for his back condition. The condition had to significantly limit a major life activity in order to qualify as a disability under the original ADA.
In the Toyota case, the Supreme Court stated that “these terms must be strictly interpreted in order to create a demanding standard for qualifying as disabled.” In other words, the major life activity must be “critical to daily life,” such as walking, running, or hearing.
Back pain is similar to death pain for anyone who has experienced it. However, that is not a legal argument. When Michael Troeger returned to work, his doctor said that he had recovered and could not lift anything that weighed more than 20 pounds. Michael Troeger did not suffer a substantial limitation on a major life activity, according to the district court, and the Second Circuit (Leval, Cabranes, and Parker) agrees.
Plaintiff could sit and work, and “an individual is not ‘disabled’ simply because he cannot lift heavier objects weighing, say, twenty pounds.” The Toyota case is doomed because of the high standard.
Here is what the Court said in its judgement against Michael Troeger:
WHEREFORE For the foregoing reasons, it is hereby
ORDERED that the District’s motion for summary judgment is DENIED IN PART and GRANTED IN PART as follows- DENIED as to Troeger’s failure to accommodate the claim for the period of November 7, 2007, until the end of the 2007-08 school year and GRANTED as to Troeger’s disparate treatment claim and his failure to accommodate claim relating to the period prior to November 7.
As per the court words “ After receiving all the Troeger’s arguments and find them to be without merit. Accordingly, the judgment is Affirmed.
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