United States First Circuit
Kelley v. Correctional Medical Services, 11-2246
Summary judgment for defendant on plaintiff's retaliation claims under the Americans with Disabilities Act is vacated and remanded, where plaintiff has presented sufficient evidence to bring to a jury on the issue of whether defendant's stated reason for her termination was a pretext for retaliatory animus; specifically, a reasonable factfinder could conclude that plaintiff's refusal to obey an instruction from her supervisor served as a convenient pretext for eliminating an employee who had engaged in ADA-protected conduct.
Appellate Information
- Decided 02/06/2013
- Published 02/06/2013
Judges
- LIPEZ
Court
- United States First Circuit