Jesse Sutherland v. Peterson's Oil Service, Inc .

Boston, Massachusetts employment law lawyer represented the Plaintiff who sued on an Americans With Disabilities Act violation theory.





Jesse Sutherland had a rocky eight-month period employed as an oil service technician at

Peterson's Oil Service, Inc. ("Peterson's"). Two months into his new job with the company, Sutherland injured his right knee, tearing his meniscus in two places and damaging his patella.



Because of his injury, Sutherland twice requested that Peterson's reduce the length of his workday. Eventually, he took a 12-week leave of absence to undergo knee surgery and recover. When he tried to return to work, in April 2020, Peterson's was not receptive. Instead, Sutherland learned that Peterson's had

terminated him, effective the date he was supposed to return from leave, "due to lack of work during the COVID-19 pandemic."



Sutherland ultimately sued Peterson's for disability discrimination and related claims. The district court granted

summary judgment to Peterson's, and Sutherland appealed.



This case raises important questions about the governing standard for disability claims under the Americans with

Disabilities Act (ADA), and the relationship between discrimination, retaliation, and failure to accommodate claims

under that statute. Because we conclude that Sutherland provided sufficient evidence to survive summary judgment on his

disability-related claims under the operative legal standard.

Vacated and reversed.