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Civil Rights: Jobs | Massachusetts
Pretrial Memorandum
PRETRIAL MEMORANDUM by Lisa Amoson, Larry Harold Savage, Britt Harold Singleton, Robb Huck, Alecia Ramsey, Sandra Salazar Silva, Jillyn Schmidt, Susan Welch. (Landry, Jessica)
Order
District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. The Court has reviewed the parties’ filings as to the “client-swapping” accommodation. Doc. Nos. 180 , 183 . Takeda relies on cases that place the burden on plaintiffs to identify reasonable accommodations in the first instance when bringing failure-to-accommodate claims under the Americans with Disabilities Act. Doc. No. 183 at 2 (citing Together Emps. v. Mass Gen. Brigham Inc., 573 F. Supp. 3d 412, 434 (D. Mass. 2021); Ortiz-Martínez v. Fresenius Health Partners, PR, LLC, 853 F.3d 599 (1st Cir. 2017)). But Title VII religious discrimination claims do not require, as an element of a plaintiff’s prima facie case, an identification of reasonable accommodations. See, e.g., Sánchez-Rodríguez v. AT&T Mobility P.R., Inc., 673 F.3d 1, 8, 12 (1st Cir. 2012). Takeda has not shown that evidence or testimony relating to a “client-swapping” accommodation should, as a matter of substantive Title VII law or otherwise, be precluded on a categorical basis. Instead, the issues raised by this body of evidence are matters of relevance and admissibility that should be raised and adjudicated at the final pretrial conference or during trial. The Court construes Plaintiffs’ filing as a motion to present testimony or evidence as to the “client-swapping” accommodation, and that motion is ALLOWED to the extent described herein. Nothing in this Order precludes Takeda from raising the relevance or admissibility challenges that it identifies in its memorandum (or other appropriate challenges) at the final pretrial conference and/or during trial.(FGD)
The Court has reviewed the parties’ filings as to the “client-swapping” accommodation. Doc. Nos. 180 , 183 . Takeda relies on cases that place the burden on plaintiffs to identify reasonable accommodations in the first instance when bringing failure-to-accommodate claims under the Americans with Disabilities Act. Doc. No. 183 at 2 (citing Together Emps. v. Mass Gen. Brigham Inc., 573 F. Supp. 3d 412, 434 (D. Mass. 2021); Ortiz-Martínez v. Fresenius Health Partners, PR, LLC, 853 F.3d 599 (1st Cir. 2017)). But Title VII religious discrimination claims do not require, as an element of a plaintiff’s prima facie case, an identification of reasonable accommodations. See, e.g., Sánchez-Rodríguez v. AT&T Mobility P.R., Inc., 673 F.3d 1, 8, 12 (1st Cir. 2012). Takeda has not shown that evidence or testimony relating to a “client-swapping” accommodation should, as a matter of substantive Title VII law or otherwise, be precluded on a categorical basis. Instead, the issues raised by this body of evidence are matters of relevance and admissibility that should be raised and adjudicated at the final pretrial conference or during trial.
The Court construes Plaintiffs’ filing as a motion to present testimony or evidence as to the “client-swapping” accommodation, and that motion is ALLOWED to the extent described herein. Nothing in this Order precludes Takeda from raising the relevance or admissibility challenges that it identifies in its memorandum (or other appropriate challenges) at the final pretrial conference and/or during trial.
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