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Appeals court hears arguments in Kiley v. Massachusetts Department of Mental Health over reasonable accommodation and summary judgment
Summary
The plaintiff urged that the superior-court judge improperly resolved credibility and factual disputes on a summary-judgment record, citing differing job descriptions and a failure to engage in an interactive accommodation process; the Department argued the record lacks the necessary facts to defeat summary judgment.
Plaintiff counsel Scott Lang asked the appeals panel to reverse a summary-judgment ruling in favor of the Massachusetts Department of Mental Health in a case brought by psychiatric nurse Paula Kiley. Lang said the trial judge resolved credibility questions and failed to view evidence in the light most favorable to the plaintiff, pointing to differences between a 2007 job description and a later 2017 version and arguing the department never meaningfully…
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