O'Rourke v. Tiffany & Co., No. 20-1404 (1st Cir. 2021)Annotate this Case
The First Circuit affirmed the judgment of the district court granting summary judgment in favor of Employer and dismissing Employee's claims for retaliation in violation of the Family and Medical Leave Act (FMLA), 29 U.S.C. 2612, and disability discrimination in violation of the Americans with Disabilities Act (ADA), 42 U.S.C. 12101-12213, and the Rhode Island Fair Employment Practices Act, R.I. Gen. Laws 28-5-7, holding that the district court did not err.
Employee took leave from Employer under the FMLA to undergo preventive surgery and then took a second leave for a related surgery that same year. The following year, Employer eliminated Employee's position. As an alternative to termination, Employer offered Employee a newly created, lower level position with a lower salary. Employee declined the position, and Employer terminated her employment. Plaintiff then brought this action. The district court granted summary judgment in favor of Employer. The First Circuit affirmed, holding that summary judgment was properly granted.