Watkins v. Shared Hospital Services Corp.

MEMORANDUM

WISEMAN, District Judge.

Presently before the court is the defendant’s motion for summary judgment. The defendant asserts that the plaintiff has failed to make out a prima facie case of discrimination on the basis of handicap or of interference with protected health benefits. Alternatively, the defendant asserts that ERISA preempts the state law claim for discrimination. For the reasons discussed below, the defendant’s motion will be denied in all respects.

I

The plaintiff, Richard Watkins, 1 was employed as a laundry truck operator by the defendant, Shared Hospital Services…