Summary
This United States District Court opinion resolves cross-motions for summary judgment in an employment discrimination lawsuit brought under the Americans with Disabilities Act. Plaintiff Verania Dominguez alleged that her employers, Eagle River Homes and Manpower, discriminated against her, failed to accommodate her concussion-related limitations, and retaliated against her after terminating her for excessive absenteeism. The court granted summary judgment on the discrimination and failure-to-accommodate claims, finding the plaintiff did not meet the statutory definition of a disability, but denied summary judgment on the retaliation claim as to Eagle River while granting it as to Manpower due to insufficient evidence of adverse action.
Topics
Practice areas
Questions Presented
- Whether Dominguez is disabled under the ADA for the discrimination and failure-to-accommodate claims.
- Whether Dominguez established a prima facie ADA retaliation claim against Eagle River.
- Whether summary judgment is appropriate on the ADA claims.
Holdings
- Summary judgment is granted because the plaintiff failed to establish a disability; there is no genuine issue of material fact.
- Summary judgment is denied because there is a genuine dispute of fact as to whether Dominguez engaged in protected activity and whether the termination was causally related.
- Summary judgment is granted because the plaintiff failed to show an adverse action by Manpower and the employer had legitimate, nondiscriminatory reasons.
Key quotations
““Summary judgment is appropriate “if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a).” (at 1)
Factual background
Dominguez worked through Manpower at Eagle River Homes. She suffered a concussion in a car accident on Jan. 17, 2023, called out repeatedly for medical reasons, received doctor’s notes clearing her to work, and was terminated after alleged excessive absenteeism under Eagle River's attendance policy.
Procedural history
Plaintiff Verania Dominguez sued Eagle River Homes, LLC and Manpower for violations of the ADA. Both defendants moved for summary judgment. The court granted summary judgment on the discrimination and failure-to-accommodate claims against both defendants, denied the retaliation claim against Eagle River, and granted the retaliation claim against Manpower.