Where a plaintiff was passed over for a promotion, summary judgment should be awarded to the defendants because the plaintiff has not pointed to evidence from which a reasonable jury could infer that his disability was a determinative factor in the decision to bypass him and has pointed to no evidence of age discrimination that undermines the defendants’ legitimate, nondiscriminatory reasons for the bypass decision.
“In the second amended complaint (Dkt. No. 16) and the amended complaint as to Counts VI, VII, and VIII (Dkt. No. 30), plaintiff Pierre Grenier (‘Plaintiff’), a captain in the Springfield Fire Department (‘SFD’), alleges that the defendants, the City of Springfield (‘City’), and Bernard J. Calvi (‘Calvi’), the City’s Fire Commissioner (collectively, ‘Defendants’), violated the Americans with Disabilities Act (‘ADA’), 42 U.S.C. §12101, et seq. (Count I), §503 of the Rehabilitation Act, 29 U.S.C. §793 (Count II); and the Age Discrimination in Employment Act (‘ADEA’), 29 U.S.C. §621 et seq. (Count III). …
“Plaintiff argues that the City bypassed him for promotion because of his disability in violation of the ADA (Count I) and §503 of the Rehabilitation Act (Count II) and his age in violation of the ADEA (Count III). Where, as here, Plaintiff relies on circumstantial evidence of discrimination, the court analyzes the claims under the burden-shifting framework set out in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-05 (1973). …
“The City argues that issue...
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