Trump Casino Dealer Busts on Claim Of Disability Discrimination in Firing
On Wednesday, Simandle, applying federal estoppel law, granted Trump's motion for summary judgment on the LAD claim.
He said she "cannot simply disavow her prior sworn representations upon which the Government relied in finding" her disabled.
"She benefitted from her statements, the SSA relied on them, and she is estopped from taking a contrary position now," the judge wrote in Taliaferro v. Trump Entertainment Resorts Inc.
LAD plaintiffs must demonstrate, as an element of the claim, that they were qualified to perform the essential functions of their employment.
Taliaferro didn't represent to SSA that she was able to deal certain card games—which presents "a genuine conflict with her claim in this case that she was wrongfully terminated," Simandle said.
The judge waved off her contentions that the physical limitations leading to the disability determination were unrelated to and apart from her ability to perform the requirements of her Trump job when she was fired.
Taliaferro also was unable to reconcile the inconsistency between her SSA claim and her LAD claim, the judge said.
Taliaferro "adduces no evidence that [her] hand or wrist condition deteriorated" between March 2011, when she purportedly was able to work, and that December, when she filed the SSA application, Simandle said.
He added that the disability determination had nothing to do with her use of strong prescription pain killers, as she argued.
In addition to the LAD claim, Simandle also struck her second claim, filed under the federal Employee Retirement Income Security Act.