Porter v. Dartmouth-Hitchcock Medical Center, No. 20-3894 (2d Cir. 2024)
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The plaintiff, Dr. Misty Blanchette Porter, had been a staff physician at Dartmouth-Hitchcock Medical Center (DHMC) since 1996. She specialized in reproductive medicine and was highly regarded in her field. In November 2015, Dr. Porter developed a medical condition that required her to take a medical leave of absence and subsequently work reduced hours. In 2017, DHMC decided to close the Reproductive Endocrinology and Infertility Division (REI) where Dr. Porter worked and terminate her employment. Dr. Porter claimed that her termination was due to her disability and her whistleblowing activity, in violation of the Americans with Disabilities Act (ADA), the Rehabilitation Act, and the laws of Vermont and New Hampshire.
The United States Court of Appeals for the Second Circuit found that the district court failed to properly apply summary judgment standards when it reviewed the evidence on pretext and causation. Thus, it should not have granted summary judgment on the allegations that the plaintiff was terminated due to her disability or whistleblowing. However, it affirmed the dismissal of the claims involving alleged discrimination related to a reasonable accommodation for the disability. The case was affirmed in part and vacated and remanded in part.
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