In a striking lawsuit filed on November 26, 2025, in the United States District Court for the Southern District of New York, a former employee has accused her previous employer of disability discrimination and retaliation. Nidya Cabrera, the plaintiff, alleges that Swissbit NA, Inc., her former employer, violated multiple federal and state laws by failing to accommodate her disabilities and ultimately terminating her employment.
Nidya Cabrera began working for Swissbit NA, Inc. in November 2005 as an accountant and administrator at their Port Chester, NY office. Throughout her tenure, she suffered from generalized epilepsy and juvenile myoclonic epilepsy—conditions recognized as disabilities under the Americans with Disabilities Act (ADA). Despite these challenges, Cabrera’s performance was consistently praised by management until she began experiencing increased seizures around 2018. Her conditions worsened over time, leading to additional diagnoses of generalized anxiety disorder and major depressive disorder.
Cabrera claims that after disclosing her disabilities to company executives like Anthony Cerreta and Benjamin Schuler in 2011 and again in subsequent years, she faced increasing hostility. In June 2022, Cabrera requested a medical leave to manage her symptoms—a request initially approved but later undermined by demands from Schuler to work during her leave. This alleged breach of accommodation continued when Cabrera sought further medical leave for surgery in late 2023; Schuler denied this request outright before finally allowing it under restrictive conditions.
The lawsuit details numerous instances where Cabrera felt discriminated against due to her disabilities. She recounts being excluded from meetings essential for performing her job duties and being subjected to inappropriate questioning about her health by colleagues like Lucie Novakova. Despite raising concerns with Human Resources about this treatment—believing it was retaliatory for utilizing accommodations—her complaints were allegedly dismissed or ignored.
Cabrera’s legal complaint accuses Swissbit NA of violating the ADA by failing to provide reasonable accommodations and engaging in discriminatory practices based on disability. Additionally, she asserts that the company breached New York Labor Law by not compensating her for work performed during supposed medical leave periods. The lawsuit seeks various forms of relief including back pay, front pay, compensatory damages for emotional distress and diminished earning capacity, punitive damages, attorney fees, interest costs—and notably—reinstatement with full seniority.
Representing Nidya Cabrera are attorneys Lillie Goldman, Benjamin J. Wyatt, and Michael Varraso from The Law Offices of Wyatt & Associates P.L.L.C., based in Keene, NH with an office in Albany, NY. The case is identified as Case No: 7:25-cv-09903.
Source: 725cv09903_Nidya_Cabrera_v_Swissbit_Complaint_Southern_District_of_New_York.pdf
