The First Circuit’s decision in Russo v. New Hampshire NeuroSpine Institute, P.A. illustrates a recurring problem for employers: a defensible termination decision can still give rise to a retaliation claim if the employer changes course after the employee complains.
In its August 25, 2026, decision, the First Circuit affirmed judgment for the employer on Russo’s sex-discrimination claim. The record, the court concluded, did not permit a reasonable finding that Russo was terminated because she was a woman. But the court reached a different conclusion on retaliation and sent that claim back for trial.
The distinction turned on what happened after Russo raised allegations of sex discrimination. The Institute accelerated her departure and abandoned a possible independent-contractor arrangement. In light of the timing and the Institute’s internal communications, a jury could find that those decisions were a response to Russo’s complaint.
What happened?
Russo worked as a physician assistant… Read the complete article here...
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