Janitor Axed After Heart Attack Foils Ability To Clear Snow: Suit

BROOKLYN, NEW YORK — A Brooklyn handyman says he was fired after 35 years' service at a special needs public school because a heart attack rendered him unable to shovel snow, court records show.

John Hammel, 59, spent months pleading for permission to return to work at Boerum Hill's P.S. K369 from NYC School Support Services, the nonprofit that provides custodians to public schools, according to the discrimination complaint filed Thursday in Brooklyn's federal court.

Hammel's only request came from his doctors, who said snow-shoveling should be removed from his list of responsibilities at the State Street school, the suit claims.

"I am still able to perform every other aspect of my job as a handyman," Hammel told his bosses in November 2020. "I am employed at K369 Brooklyn for the last 35 years ... I am asking you to make an accommodation for me."

But pleas to return to work were repeatedly denied and Hammel was forced to apply for public assistance to manage the cost of caring for his wife, who has disabilities that make it impossible for her to work, the complaint states.

Patch was unable to reach NYC School Services and the city's Law Department did not respond to Patch's request for comment.

Hammel's struggle began during his 2020 summer vacation when he suffered a heart attack on June 22 and was hospitalized for more than a week, according to the complaint.

NYC School Support Services first tried to fire Hammel while on medical leave two months later by claiming he had not completed mandatory COVID-19 training, the suit contends.

The nonprofit stopped paying Hammel's salary even after he provided them proof he'd taken the training, the lawsuit states.

The suit argues NYC School Support was trying to extend Hammel's leave of absence so that, as his contract stipulated, he could be legally fired and replaced.

"[The nonprofit] wanted to keep [Hammel] out of work for a prolonged period of time to (wrongfully) contractually force his termination," the lawsuit states.

"The only reason that [Hammel] was treated in this manner is because of his perceived disability and his age."

The NYC School Services website carries a disclaimer at the bottom of its website asserting it prohibits discrimination based on age and disability status, among other federally-protected characteristics.

Doctors cleared Hammel to return to P. S. K369, also known as the Coy L. Cox School, on Oct. 23 of the same year, the complaint contends.

Hammel contacted NYC School Support Services with the welcome news, but his doctors' request to have snow-shoveling removed from his list of responsibilities was rejected, and so was Hammel, according to the suit.

“This doctor’s note has restrictions listed," a human resources representative wrote. "[t]he employee cannot return to work with this doctor’s note."

Hammel tried again to plead his case on Nov. 19, when he sent another request to return to work, and when Hammel asked for more information, this request was also denied, the suit contends.

"There are no details to supply you with. Its [sic] company policy," the representative wrote. "There is no light duty."

The lawsuit asks for damages to cover attorney fees, Hammel's lost wages and compensation for emotional, mental and physical injury, the suit states.

Hammel also asks again for his job.