this time of year quite dear versus the new york state department of labor you know i've been dealing with this medical condition for the last five six years now before my symptoms were worse knobbed have gotten a little bit better but i still have a lot of the symptoms i've i very first time i submitted my  first medical note to the labor department was on january twenty eighth two thousand and eleven that was the first time and that particular medical note informed the labor department from day one that i was specifically requesting an exemption from public speaking assignments due to my illness at that's not because i'm afraid to do public speaking this not be i used to be a teacher and i even taught workshops in the dio while for two years and four months and i have prior experience doing public speaking  when i was a college student public speaking assignments for at least two weeks while i am going undergoing medical treatment the department knew this second medical mode i submitted was on february eleventh i believe that was about my chronic lightheadedness once again i made it exceptionally clear to the labor department all relevant officials look i'm seeking does same accommodation become a nation that i'm requested moment you know two weeks prior which was public speaking assignments or workshop teaching duties in the bronx deal while supervisors for the first two accommodation requests for the first two months approve my accommodation requests without involving their main office in albany new york called the dion office your division of equal employment division or something of that sort after the first two months i immediately face resistance from my issues please exempt him from all pull on standing work duties along with that request in april april eleventh two thousand and eleven sometime around there i also submit it in actual brief explaining to the department of labor very very specifically what kind of an exemption i was requesting once again i'm requesting to to be exempt from teaching assignments or public speaking assignments due to the illness that i was facing and do due to some of the symptoms i had the popular labor asked me to submit to them in more clarifying medical note because the april two thousand and eleven medicals note stated some of the symptoms i was experiencing headaches vertigo difficulty concentrating that's the mace twenty seventh medical the based on that they approved my accommodation after i submitted to them the updated medical no then a couple of months down the road that medical note expired and i submit to them a fifth medical note this fifth medical note which is the aug fifteenth medical note stated that i was experiencing had exerted go difficulty concentrating tea and i was being seen by a psychiatry and a neurologist based on that they approve my medical they approve my accommodation request for an extension even though during this time my immediate supervisor was giving me an extraordinarily difficult time just to get my cum additions approved she she demanded that i submit the medical note and get the approval by before the end of august even though the gentleman mr combines works and was part of the day out office that you got the comedy i got the combination correct or even though they gave me a hard time then finally close to a year later in december of two thousand and eleven i got the most extensive medical know which is you know please example mohammed could be because he's been diagnosed with major depressive disorder please exempt him from walpole longstanding work duties or any other activity requiring cause considerable physical exam point on where you signed to do any public speaking no i was not from that point on however the bronx deal supervisors repeatedly kept stating to me that teaching is an essential function of the l s r job and they even pressured me to do teaching assignments in october of two thousand and twelve back you will hear the other side please the court marshal on for the state department of labor your honors the district work properly granted a summary judgment to the department first because the department reasonably accommodated mr kadeer is medically documented disability and second because the department did not retaliate against mr coderre for challenging its accommodation decision unless the court has any questions we would ask simply that you prefer one of  quite the the i believe what your honour's referring to is the district court said with respect to the from very first no that was limited to two weeks a two week exemption pair that that note had not been put before the court at summary judgment if you discuss this in our brief this is could year this is page eight of the opinion your dear has failed to offer evidence showing any nexus between his desire to become a nation and his documented needs for instance could do has not offered evidence that he submitted it january twentieth two thousand and eleven note and there's more language to  effect that he failed to submit evidence of having submitted medical notes yes your honor that's correct because summary judgment that no was not in the record was not in the summary judgment record it was not attached to any of the summary judgment filings it was not identified in its location in the record which was as we say quite a luminous was not a declaration from mr could hear that reference those notes  was his deck there is a declaration that correct me if i'm misunderstanding the record but it says that in which he declares he submitted to the department yes yes around that does refer to concentration issues yes and several of the notes to concentration issues that first knew to be clear that that first no asks for an exemption from teaching duties of all sorts expressly only for a two week period to permit testing there after there were several notes that referenced concentration issues each of those notes however indicated that the concentration issues that they were discussing could be fully addressed by exempting mr kadeer from long standing work which is precisely what the department did in response to that not appreciate what you're what you're saying but his response to that is that there was always the risk there was not a formal exemption there was a practical example use that has to do anything where he'd have to speak and so on but as a as a theoretical matter he could have been asked your honor i don't believe that that is responsive to the point that i was making because what i was saying was that the accommodation that he was offered in february two thousand and twelve would have fully addressed the concentration issues because it would have allowed him to teach while sitting down rather than standing up and his doctors had indicated that his need  his limitation was to avoid prolonged standing and that the concentration issues that he had could be addressed by enabling him to avoid prolonged standing which the department accommodated by permitting him or offering him a means of teaching sitting down now there is the additional point that he never had to teach our all which is what i take your honor to be  respect to the concentration concentration issues that your honors have preference the departments offered accommodation would have fully addressed what his doctor said was necessary why somebody who has trouble concentrating while standing up can concentrate while sitting down because the the issues that were described in these notes related to various balance problems lightheadedness fatigue all of which are yes are exacerbated by requiring someone basically standing up and teaching a class takes more effort than sitting down and teaching a class and thus takes more energy and more concentration thank you thank you both we will reserve decision