Where a defendant employer has moved to dismiss a plaintiff’s claim for failure to accommodate, that motion should be allowed with respect to the employer’s unilateral decision to send the plaintiff home for early maternity leave in April 2023 but denied as to as to the plaintiff’s termination in October 2023.
“Ms. Jeniffer Germoso (‘Germoso’ or ‘Plaintiff’) brings this action against her former employer, Sam’s West, Inc., (‘SWI’ or ‘Defendant’), alleging claims of disability discrimination and retaliation related to her pregnancy leave in violation of Massachusetts law. …
“Plaintiff brings a claim for failure to accommodate disability under Chapter 151B, §4(16). … Defendant moves this Court to dismiss Plaintiff’s claims on two main grounds, (1) Germoso did not directly and specifically request an accommodation regarding her pregnancy, and (2) that SWI’s accommodation of early maternity leave, while not the employee’s preferred accommodation, was sufficiently reasonable under the legal standard. … Defendant also argues that if Plaintiff bases her failure to accommodate claim on her initial accommodation request in September 2022, the claim is time barred. …
“Defendant concedes for the purpose of this motion that Germoso had a disability requiring accommodation. … Therefore, the issue at this juncture is whether she requested reasonable accommodations to which SWI declined to provide. …
“Plaintiff argues both in her papers and at oral argument, that the unilateral decision...
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