The 10th Circuit Court of Appeals has affirmed the district court’s dismissal of key claims brought by plaintiff Mark Spinelli against his former employer, Coherus Biosciences, Inc. Spinelli alleged employment discrimination and retaliation under the New Mexico Human Rights Act and common-law retaliation based on his refusal to take a mandatory COVID-19 vaccine due to medical reasons.
The panel agreed with the district court that Spinelli’s complaint failed to plausibly allege he met the NMHRA’s definition of a “disability” or “serious medical condition,” as it did not identify any major life activity substantially limited by his impairments.
It also concluded he did not state a viable common-law retaliation claim. Accordingly, the 10th Circuit affirmed the dismissal of Counts I (employment discrimination/retaliation) and IV (common-law retaliation) and upheld the denial of his motion to amend his complaint.
Read the full decision here.