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Double-amputee says in suit city of Santa Fe withdrew job offer

The Santa Fe New Mexican - 3/12/2019

March 12-- Mar. 12--Marcos Garcia, a double-amputee from Rio Arriba County, has filed an employment discrimination suit against the city of Santa Fe, saying he was offered a job in the city's Information Technology & Telecommunications Department but that after completing the employment process, the city withdrew the offer, telling him there was no money to fund the position.

Garcia says in his lawsuit filed recently in state District Court that the real reason the city didn't hire him is because of his disability. In addition to being a double amputee, Garcia has only two fingers on his right hand. He uses a power wheelchair as well as a manual wheelchair, according to the complaint.

A spokeswoman said the city is reviewing the allegations and had no comment on the pending litigation.

Garcia's lawsuit says that when he applied in the summer of 2017 for the job of "IT End User Services Manager," he met all the requirements for the position and was told by the interview committee, the department director and hiring manager "that he was a perfect fit for the job, he scored above all other applicants and that he was the 'shining star' for the position."

Hiring manager Joshua Elicio checked his references, according to Garcia's lawsuit, and said he was "perfectly satisfied" with what he'd heard. And the Human Resources department sent him an email asking him to return attached paperwork "so we can get you on board as soon as possible," according to the suit.

A week later he was allowed to pick furniture for his office, the lawsuit says, and had a conversation with the facilities manager about modifying a doorway to accommodate his wheelchair and about the creation of a handicapped parking space near his work area.

Garcia was also assigned an email address, according to his complaint, and introduced to employees he encountered in the office as their "new manager," the suit says.

He expected to start on Sept. 12 of that year. But over the next two weeks when he checked on the status of his start date, he was told the paperwork was still on the city manager's desk waiting to be signed, Garcia says in his complaint.

On Sept. 19, he received an email from Elicio saying "he had met with the City Manger and needed to talk to Mr. Garcia."

Garcia's lawsuit says he called Elicio and was told "according to the City Manager there were insufficient funds for the position" and he would not be hired.

City Manager Erik Litzenberg is named as a defendant in the complaint, though it acknowledges that Brian Snyder was the city manager at the time Garcia sought employment with the city.

Neither Litzenber nor Snyder responded to messages seeking comment.

According to his complaint, Garcia asked for a written explanation regarding the about-face, but none was ever provided.

Garcia claims in his lawsuit there were funds to fill the position when it was advertised, but that the city ultimately refused to hire him because of his physical handicaps.

Garcia declined through his attorney to be interviewed for this story.

He is seeking an unspecified amount of actual and compensatory damages plus interest and legal fees.

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