Bernadette Freeman v. Frank Bisignano, Commissioner of the Social Security Administration

Summary

The United States District Court for the Northern District of Illinois granted the Social Security Administration’s motion for summary judgment in Bernadette Freeman’s claims under the Americans with Disabilities Act, Rehabilitation Act, Title VII, and related retaliation theories. The court held that the ADA does not apply to federal agencies, and that Freeman had not shown that her requested transfer or work location arrangement was a reasonable accommodation because she did not establish that a Chicago position was vacant. The court also excluded portions of Freeman’s factual submission concerning arbitration tables as inadmissible hearsay and inadequately supported evidence.

Holdings

1. The ADA does not apply to federal agencies such as the Social Security Administration.
2. Freeman failed to establish that the SSA violated the Rehabilitation Act by denying her requested transfer to, or work assignment in, the Chicago office.
3. Freeman failed to present evidence from which a reasonable jury could find a severe or pervasive race-based hostile work environment or employer liability.
4. Freeman failed to establish that her EEO complaint was the but-for cause of any adverse employment action.
5. The court excluded the unsupported tables offered to establish PII-discipline statistics and excluded the late-disclosed declaration offered to authenticate or provide foundation for those tables.

Questions Presented

1. Whether the ADA applies to employment discrimination claims against a federal agency.
2. Whether the SSA violated the Rehabilitation Act by failing to provide Freeman's requested accommodation.
3. Whether the evidence established a triable Title VII race-based hostile work environment claim.
4. Whether the evidence established that the SSA took materially adverse action because Freeman engaged in protected EEO activity.
5. Whether Freeman's tables and late-disclosed declaration were admissible and properly considered at summary judgment.

Disposition

other