United States First Circuit

In an employment discrimination action, summary judgment for defendant is reversed where: 1) plaintiff established a prima facie case of discrimination under state law as she put forth evidence that defendant regarded plaintiff as handicapped, that she was still able to perform the essential functions of the job despite the handicap, and that she suffered an adverse employment action as a result of her handicap; and 2) a reasonable jury could find that the removal of plaintiff from the work schedule was predicated on impermissible discrimination rather than a permissible legitimate concern about her ability to perform the job safely.

Appellate Information

• Decided 08/11/2009
• Published 08/11/2009

Judges

• TORRUELLA, Circuit Judge., Before TORRUELLA, SELYA, and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Paul H. Merry, for appellant.


• For Appellees:
  
• John F. Welsh, with whom Jennifer Belli and Bello Black & Welsh LLP, were on brief for appellees.