Gomez
Gomez v. American Building Maintenance
Opinion
Opinion
Hamilton, J.
memorandum: and order
Plaintiff Esteban Gomez brought this action alleging discrimination under the Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 , et seq. (“ADA”). Now before the court are the motions of defendant American Building Maintenance (“ABM”) to dismiss for failure to state a claim and to dismiss for failure to prosecute. Having reviewed the parties’ submissions and considered their arguments, and good cause appearing, the court hereby rules as follows.
BACKGROUND
Plaintiff was employed by ABM as a janitor beginning in 1978. He was able to perform his job duties despite the fact that he is missing one hand. In January 1991, he injured his back. In February 1993, plaintiff applied to ABM to be trained as a janitorial foreman. In April 1993, plaintiff was told by his doctors that because his back injury precluded him from heavy lifting, repetitive bending, and stooping, he could not return to his work as a janitor.
In April 1995, plaintiff filed this action, claiming discrimination in employment because of his disabilities (missing hand and permanent back injuries). He alleges that ABM refused to make reasonable accommodations, or to promote or transfer…