U.S. District Court
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Where a plaintiff who was laid off has alleged disparate treatment under Title VII, summary judgment should be awarded to the defendant employer because no reasonable jury could find by a preponderance of the evidence that the plaintiff’s termination was motivated, in whole or in part, by any of her protected class designations.
“Kimberly A. Ripoli has alleged discrimination under Title VII based on sexual orientation, gender, and disability during her employment with the State of Rhode Island, Department of Human Services, Office of Veterans Affairs (‘State’). She also alleges violations of the Rhode Island Civil Rights of People with Disabilities Act (‘CRPDA’), the Rhode Island Fair Employment Practices Act (‘FEPA’), and the Rhode Island Civil Rights Act of 1990 (‘RICRA’). …
“Ms. Ripoli was laid off from her position as Associate Director of the Office of Veterans Affairs (‘OVA’) on July 27, 2016, a position she had held for four years. …
“Ms. Ripoli is female, a lesbian, and a disabled combat veteran. At the time of her layoff, she was an at-will employee and did not have protected status. She alleges discrimination under Title VII based on gender, disability, and sexual orientation, as well as violations of FEPA, RICRA, and the CRPDA. … Her primary claim is a disparate treatment claim under Title VII. ….
“Ms. Ripoli’s primary argument under Title VII alleges disparate treatment: to wit, that men were given ‘sweetheart deals,’...
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