Analysis of Kinneary V. City of New York



Analysis of Kinneary V. City of New York

Introduction

The case of Kinneary V. City of New York was initially launched by Joseph Kinneary against the New York department. According to the plaintiff, the employer has discriminated against him by snatching his working license (Court, 2010). This case of was initially held in the district court, which gave his decision in favor of the plaintiff, however, one year after the judgment of district court, plaintiff moved his application into second session court

Discussion

Analysis of the case

Joseph Kinneary has provided his service as a sludge ship leader under the New York City “Department of Environmental Protection”, an employment in which it was mandatory for MR. Kinneary to retain the license of captain from the (USGC) United States Coast Guard. With respect to rules and regulation drafted by federal government, it was essential for Mr. Kinneary to not only undergoes drug test but to pass these tests in awe of sustaining the permit of boat leaders.

Moreover, between the periods of 1992-2001, Mr. Kinneary was instructed to undergo unsystematic drug testing on several juncture and it was frequently observed that he was not capable of providing sufficient quantity of urine when required. In prevailing situation the City's Drug Company recommended Mr. Kinneary, three alternatives through which he can free himself from participating in drug test. The three important advices given by City's district company are disclosed below (Court, 2010).

Firstly, it is imperative for his to consult a physician with allotted five days period. Secondly, selected physician after conducting complete analyses of his body must be able to identify the actual condition of Mr. Kinneary physical state i.e. the physician must be able to provide clear and proper description of probable disease, due to which MR. Kinneary is unable to provide proper quantity of urine sample.

Finally, physician must be able to provide a written documented proof of his client health status, along with possible recommendation of client health status. The document submitted by the physician would be cross-examined by the (MRO) city's medical review office.

Upon the advice of City's drug company Mr. Kinneary was able to attain physician report describing that the patient is suffering from "Shy Bladder Syndrome". However, MOR after reviewing the medical reports informed, Kinneary that medical report are not according to the standards of medical rules and regulation, and doses to provide ...