United States Second Circuit

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Robinson v. Concentra Health Services, Inc., 14‐941‐cv

In this discriminatory discharge action, the district court held that plaintiff former employee was judicially estopped from showing that she was qualified for her position at the time of her termination, which is an element of discriminatory discharge claim brought under Title VII of the Civil Rights Act and 42 U.S.C. section 1981, because she applied for and received Social Security disability benefits based on her statement that she was fully disabled as of a date prior to her termination. Summary judgment in favor of defendant-employer is affirmed, where plaintiff failed to proffer a sufficient explanation for the contradictory statements.

Appellate Information

  • Decided 03/24/2015
  • Published 03/24/2015

Judges

  • Parker

Court

  • United States Second Circuit

Counsel

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