United States First Circuit

In a suit by a former government agency employee alleging disability discrimination, failure to accommodate, and a hostile work environment, summary judgment for defendants is affirmed where: 1) the district court did not abuse its discretion in deeming the appellee's statement of undisputed facts admitted; 2) the district court correctly found that plaintiff was not entitled to a mixed motive analysis because she failed to present direct evidence of discrimination based on her disability; 3) plaintiff did not establish that she was a qualified individual able to perform the essential functions of her job, either with or without a reasonable accommodation; and 4) plaintiff's proffered evidence was insufficient to establish a contested material issue of fact as to her claim of a hostile work environment.

Appellate Information

• Decided 03/12/2008
• Published 03/12/2008

Judges

• SMITH, District Judge., Before TORRUELLA, BALDOCK, Circuit Judges, and SMITH, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Glenn Carl James, with whom James Law Offices was on brief, for appellant.


• For Appellees:
  
• Mariana E. Bauzá-Almonte, Assistant United States Attorney, with whom Rosa Emilia Rodríguez-Vélez, United States Attorney, and Nelson Pérez-Sosa, Assistant United States Attorney, Chief Appellate Division, were on brief, for appellees.