A judge has dismissed part of a lawsuit by a former York firefighter who was fired after breaking her foot, but is giving both sides time to answer what he says is an unresolved question concerning her gender discrimination claim.
U.S. District Judge John Gerrard said Lisa Peter could not have performed essential firefighter functions and dismissed her disability claim on Monday.
But Gerrard said the city treated Peter less favorably than it had a male firefighter disabled three years earlier. Even so, he said, it appears Peter would have run out of medical leave before she could return to work, even if she had been given the same treatment as her male colleague.
Both sides have a month to argue why the case should or should not proceed.
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