A recent decision from the U.S. Court of Appeals for the First Circuit provides an important reminder that an employer’s exposure to a retaliation claim can arise even after it has already made a lawful decision to terminate an employee.
In Russo v. New Hampshire Neurospine Institute, P.A., No. 25-1519 (1st Cir. Aug. 25, 2026), the First Circuit affirmed summary judgment for an employer on an employee’s sex discrimination claim, but reinstated her retaliation claim. The court concluded that, although the employer had decided to terminate the employee before her attorney sent a demand letter alleging discrimination on her behalf, a jury could find that subsequent changes to the terms and timing of her separation were retaliatory.
Background
The plaintiff, a physician assistant, had worked for the New Hampshire medical practice for approximately eleven years. Following conflicts between her and one of the practice’s physician-partners, the partners unanimously voted to terminate her… Read the complete article here...
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