Nancy Wright (Partner-New York, NY) successfully represented an Addiction Care Center before the New York State Division of Human Rights in a case in which the claimant, a former case manager, alleged that our client denied him a reasonable accommodation and leave for his disability after he was diagnosed with liver and prostate cancer, then later terminated his employment. Nancy argued that the contemporaneous documentary record showed that the claimant’s employment was terminated because he repeatedly violated the company’s policies despite several warnings, including theft of time, and that in each instance where the claimant sought time off, his request was granted. Further, the claimant was granted a modified work schedule relative to his treatment and disability-related needs, which he consistently violated by, among other actions, refusing to clock out when leaving for his appointments, even after repeated warnings. The State Division agreed with Nancy’s arguments that the applicable disability law has no requirement that exceptions should be made for blatant policy violations because of the claimant’s disabilities; reducing the stated penalties for undisputed workplace misconduct or poor work performance is not a reasonable accommodation; and, it is well settled law that corrective action in the form of verbal or written counseling of an employee for policy violations is not disability harassment.