OMAHA, Neb. (AP) — 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
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.