Court Denies Fellow’s Disability Discrimination and Breach of Contract Claims
The Supreme Court of Vermont ruled that a medical center’s decision to not extend a physician’s fellowship after health problems caused him to fall behind in his training was an academic decision, not an adverse employment action.  While academic decisions can be discriminatory, this one was not.  The court also held that the fellow was not able to prove damages and thus could not prove breach of contract because his assertions about the financial benefits of completing the fellowship were speculative.  Accordingly, the court ruled the medical center was entitled to summary judgment on the plaintiff’s discrimination, failure-to-accommodate and breach of employment contract claims. Kelly v. The Univ. of Vermont Med. Ctr.