Where a plaintiff was terminated following the denial of her request for a medical exemption from the defendant employer’s COVID-19 vaccination policy, the plaintiff’s disability discrimination claim should not be dismissed despite the employer’s contention that dismissal is warranted because of undue hardship.
“Plaintiff Sharon Hines (‘Hines’) has filed this lawsuit against Defendant Ellis Nursing Home, Inc. d/b/a Ellis Rehabilitation and Nursing Center (‘Ellis Rehab’) alleging a violation of Mass. Gen. L. c. 151B and 42 U.S.C. §2000e et seq. (Count I), an equal protection claim under the U.S. Constitution (Count II) and substantive and procedural due process claims under the U.S. Constitution and the Massachusetts Declaration of Rights (Count III). …
“Hines alleges that Ellis Rehab discriminated against her because of her disability in violation of federal and state law. …
“Ellis Rehab contends that dismissal at this stage is warranted because of undue hardship in this case. …
“… Given the allegations here, the Court cannot conclude that it is clear on the face of the pleadings that there is no doubt that Hines’s claim would be barred on undue hardship grounds based upon the [Massachusetts Department of Public Health (DPH)] guidance. …
“Accordingly, the Court denies the motion to dismiss as to the disability discrimination claim.”
Other counts
“The Court understands Hines to be raising a retaliation claim based on her refusal to work weekends, her refusal to receive the...
By Victor Ahiuma-Young The National Pension Commission (PenCom) has introduced stricter advertising rules for Pension Fund Administrators, PFAs, warning operators against false claims, misleading ...