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.
Appeal from the United States District Court for the District of Massachusetts.
Decided: August 11, 2009
Before Torruella, Selya, and Lipez, Circuit Judges
Opinion by Torruella, Circuit Judge.
For Appellant: Paul H. Merry.
For Appellee: John F. Welsh, Jennifer Belli and Bello Black & Welsh LLP.