(AP) — The discrimination lawsuit of a former York firefighter and paramedic who was fired after breaking her foot will be heard by a jury.

Lisa Peter sued in 2012, accusing the city of discriminating against her because she’s a woman and because of her disability. She had surgery for a broken foot in 2010 for an injury that was not work-related.

Peter says she asked for light duty work until she could heal, but city officials refused, even though they had done so for an ill male firefighter. Peter was fired within months of her injury.

On Monday, U.S. District Judge John Gerrard rejected the city of York’s motion for summary judgment, saying a jury should decide whether Peter could have returned to work before running out of leave time.