Sandy Harris Jr., a former Change Analyst at National Grid, violated company policy by working from Ohio and California after his vacation without supervisor approval. When National Grid's HR director told Harris on July 30 that he would be deemed to have resigned unless he returned to his Massachusetts territory immediately, Harris responded that same day claiming he had preexisting conditions requiring accommodation for COVID-19 concerns.
Circuit Judge William Kayatta Jr. wrote that "the clear chronology of events precludes any finding that Harris's protected activity caused his termination," emphasizing that "causation moves forward, not backwards." The court explained that Harris's accommodation request "cannot have caused National Grid to issue the ultimatum that Harris return to his service territory or be let go" since the request came only after the ultimatum was delivered.
The district court had granted summary judgment for National Grid after finding Harris failed to establish the causal nexus required for his retaliation claims under Massachusetts and federal law. Harris conceded he first mentioned his medical conditions only after receiving the termination ultimatum, and he never provided adequate medical documentation despite being given additional time.
The ruling reinforces that employees cannot shield themselves from legitimate discipline by making last-minute accommodation requests. The First Circuit noted that National Grid actually showed "bend-over-backwards respect" for Harris's rights by extending deadlines and checking for FMLA requests before his termination on August 19.