 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
DeCamp v. Dollar Tree Stores6/14/2005
same employer." (Emphasis added.) If plaintiff could not return to work for Dollar Tree when she completed her treatment, then no reasonable accommodation existed that would have allowed plaintiff to do her job at Dollar Tree.
To summarize, the plaintiff testified at her deposition that she could have returned to work for someone other than Braz, while her psychiatrist stated she never could return to her job at Dollar Tree. But although the psychiatrist's statement, to the extent it disputed the plaintiff's own deposition testimony, could have created a genuine issue of material fact about whether the plaintiff was disabled, that same statement also proves that she was not a qualified individual for her job. We therefore hold that, even when viewing this evidence in a light most favorable to the plaintiff, she cannot establish a prima facie case of disparate treatment based on disability.
Conclusion
For the foregoing reasons, we affirm the grant of summary judgment in favor of the defendants on the count of disability discrimination, reverse the grant of summary judgment in favor of the defendants on the count of sex discrimination, and remand the case for further proceedings, pertaining to the plaintiff's allegations of gender-based disparate treatment and gender-based hostile work environment, not inconsistent with this opinion. The record shall be returned to the Superior Court.
Page 1 2 3 4 5 6 7 8 Rhode Island Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|