United States First Circuit

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Audette v. Town of Plymouth, 15-2457

In a suit brought by a police officer claiming she suffered discrimination in violation of the Americans with Disabilities Act (ADA), 42 U.S.C. sections 12101-12213, and its state-law corollary, Massachusetts General Laws chapter 151B section 4, when the defendants failed to accommodate her request for transfer to another position in the Department after she sustained an on-the-job injury, as well as retaliation and gender discrimination claims, the district court's rejection of the claims is affirmed where: 1) plaintiff offered no evidence that there were any vacancies when she asked for an accommodation, and it was her burden to show as much; 2) the ADA retaliation claim was either not pleaded or waived; and 3) plaintiff failed to establish a prima facie claim of gender discrimination.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/05/26




  • United States First Circuit


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