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Disability discrimination – medical leave

In a recent federal court decision, an employer unsuccessfully moved for summary judgment against a former employee who alleged that he was terminated for taking two medical leaves of absence and temporarily shifting to a part time work schedule in order to manage his treatment for cancer.

The day after the plaintiff returned from his second medical leave, the employer posted a job opening that mirrored the plaintiff’s responsibilities.  The plaintiff argued that this posting showed that the employer demoted him due to his medical condition.  The Court found that a jury could reasonably conclude from the job posting and other related evidence that the plaintiff was demoted in violation of disability discrimination laws.  Dooley v. Aspen Technology, Inc.

Pamela A. Smith
Law Office of Pamela A. Smith
233 Needham Street, Suite 540
Newton, MA 02464


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