United States First Circuit

In this employment discrimination suit brought by a former employee alleging that she was retaliated against in violation of the Americans with Disabilities Act (ADA) for complaining about her Crohn's disease, and that her employer's conduct constituted First-Amendment retaliation, summary judgment in favor of defendant is affirmed, where: 1) the record supports defendant's performance, attendance, and restructuring rationales, and at the very least, the rationales are not so inconsistent as to be "unworthy of credence"; and 2) regardless of whether she engaged in protected speech, plaintiff fails to generate a genuine issue of material fact on the "substantial or motivating favor" element for First-Amendment retaliation.

Appellate Information

• Decided 09/02/2014
• Published 09/02/2014

Judges

• Thompson

Court

• United States First Circuit

Counsel