United States First Circuit

In a suit against an employer for discrimination and violation of the Consolidated Omnibus Budget Reconciliation Act, summary judgment for defendant is reversed where: 1) there was enough evidence under the single employer theory for plaintiff's hostile work environment and ADA claims to survive summary judgment; 2) the district court must revisit the issue of Title VII retaliation in light of Burlington Northern & Santa Fe Railway Co. v. White, 126 S. Ct. 2405 (2006); 3) the outsourcing of tax-payment duties to an accounting firm did not demonstrate a lack of causal connection between the alleged retaliatory act and plaintiff's protected activity; and 4) plaintiff's retaliation claim based on failure to provide COBRA notice was brought under Title VII, a federal law, thus her claim is not preempted by ERISA. Summary judgment is otherwise affirmed in all respects.

Appellate Information

• Decided 05/23/2007
• Published 05/23/2007

Judges

• TORRUELLA, Circuit Judge., Before TORRUELLA, Circuit Judge, BALDOCK, Senior Circuit Judge, and HOWARD, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Marcelle Martell-Jovet, with whom Yolanda V. Toyos-Olascoaga and Ramos González & Toyos Olascoaga Law Offices were on brief, for appellant.


• For Appellees:
  
• Anabel Rodríguez-Alonso, with whom Mariela Rexach-Rexach and Schuster & Aguiló LLP, were on brief, for appellee.