Volunteer in New York with autism sues county over dismissal from nursing home

From the Times Herald-Record:

GOSHEN, N.Y. — An Orange County man with a form of autism is suing the county for dismissing him from his volunteer work at its nursing home for what he says was a single complaint stemming from his disability.

According to the lawsuit, James McElwee, 35, was let go in December after nine years as a custodian and helper at the Valley View Center for Nursing Care and Rehabilitation because an employee complained that McElwee "violated her personal space" and made her feel uncomfortable.

The dismissal violated his rights under the Americans With Disabilities Act because no effort was made to explain that McElwee has Asperger's syndrome, which limits his social and speaking skills, his lawyer, Stephen Bergstein, argues.

Bergstein says McElwee, who lives with his mother in the Village of Florida, is devastated at losing a post that enabled him to interact with Valley View residents and workers for 24 hours a week since 1996.

"It was part of his identity," Bergstein says. "This was an important part of his life."

McElwee denied "any intentional misconduct" around the worker who complained and said he couldn't recall "any uncomfortable incidents around her."

Nonetheless, after being warned to stay away from her on Nov. 24, McElwee was dismissed a week later without having returned to work, according to the suit.

His humiliation was compounded when he returned to Valley View on Dec. 10 to sing Christmas carols in a chaperoned group of people with special needs, and a security guard stopped him, saying he had been barred from the home, according to the suit.

He is seeking reinstatement and an unspecified amount in damages. County officials could not be reached for comment on Friday.

Some 20 to 30 volunteers work at the 360-bed facility.

The countywide program helps "disabled volunteers in that it improves their self-esteem and allows them to integrate within the larger community by providing a much-needed service to the elderly and infirm," Bergstein wrote in the suit.