United States Tenth Circuit

In an action setting forth contract claims and alleging that plaintiff's termination by T-Mobile violated the Americans with Disabilities Act (ADA), Title VII, and the Age Discrimination in Employment Act (ADEA), summary judgment for defendant is affirmed where: 1) plaintiff failed to demonstrate she was "disabled" under the ADA; 2) claims of gender and age discrimination failed in light of T-Mobile's evidence that a general manager terminated her employment because he genuinely believed her performance had not improved despite the repeated efforts of several managers; and 3) plaintiff presented no evidence T-Mobile or its managers followed an unwritten progressive discipline policy or considered it a mandatory process preceding termination of employment.

Appellate Information

• Decided 06/27/2007
• Published 06/28/2007

Judges

• O'BRIEN, Circuit Judge., Before LUCERO, SEYMOUR and O'BRIEN, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Andrew T. Brake of Andrew T. Brake, P.C., Englewood, Colorado, (Lee T. Judd of Andrew T. Brake P.C. and Thomas H. Terry of The Law Office of Stephen H. Swift, P.C., Colorado Springs, Colorado, with him on the briefs) for Plaintiff-Appellant.


• For Appellees:
  
• David R. Hammond (Sue A. Haskell, with him on the briefs) of Davis Graham & Stubbs LLP, Denver, Colorado, for Defendant-Appellee.