City Worker Filed Lawsuit Over Disability Discrimination
Joseph LaBarbera alleges the NYC Department of Transportation mocked his medical condition.
Updated on Sept. 29, 2026 in Employment
Joseph LaBarbera has filed a lawsuit in Brooklyn Federal Court alleging disability discrimination by the New York City Department of Transportation. The suit claims supervisors mocked his bowel condition and denied him reasonable workplace accommodations.
Why it matters
The case highlights concerns regarding workplace compliance with the Americans with Disabilities Act. It underscores the challenges public employees may face when seeking medical accommodations for chronic health conditions.
The lawsuit references a significant increase in the plaintiff's restroom needs, rising from 3-4 breaks to 5-7 breaks during symptom flare-ups. The filing notes the employee began his tenure as a highway repairer in May 2022.
The players
Joseph LaBarbera
He is a 33-year-old former assistant city highway repairer who initiated legal action regarding his workplace treatment.
New York City Department of Transportation
This is the city agency responsible for maintaining public infrastructure and the employer named as a defendant in the lawsuit.
Schiavo
He is a supervisor at the city agency who is accused of participating in the harassment of the plaintiff.
The details
LaBarbera alleges that supervisors at the Canarsie facility mocked his condition and assigned him derogatory nicknames. He further claims an EEO investigator suggested he wear diapers and utilize hidden garbage cans rather than providing access to restroom facilities.
Timeline
May 2022: Joseph LaBarbera began working as a highway repairer.
March 2023: Supervisor Schiavo allegedly began participating in workplace harassment.
April 2025: LaBarbera submitted a formal medical hardship transfer request.
August 2026: LaBarbera was offered a transfer to Staten Island.
September 2026: The lawsuit was filed in Brooklyn Federal Court.
Macro View
This case mirrors broader historical trends regarding the enforcement of labor rights and accessibility standards in public sector workplaces. It follows a recurring pattern where employees seek legal recourse when internal bureaucratic mechanisms fail to address reasonable accommodation requests.
This litigation serves as a reminder of the legal protections available to municipal employees seeking medical accommodations. It highlights how administrative disputes regarding workplace accessibility can escalate into federal court cases when informal resolutions are not achieved.
The takeaway
This case illustrates the critical importance of documenting medical accommodation requests within the public sector. Employees should be aware of their rights under federal law when navigating disputes with supervisors regarding health-related workplace requirements.
Further reading
For more on workplace standards and legal rights, explore the Employment section.
Source note: This article includes information reported by Daily News.
