Appellate Law

CA1: disability discrimination case sinks on local rules

By S. COTUS

Rios-Jimenez v. Secretary of Veterans Affairs, No. 06-2582.  This is a disability discrimination act case pursuant to the Rehabilitation Act, 29 U.S.C. § 701 et seq.  The plaintiff lost on summary judgment, but mainly on things that were deemed to be admitted because the plaintiff didn?t comply with local rules, as ?Ríos-Jiménez failed to admit, deny, or qualify the appellee?s proffered facts, choosing instead to assert that she was both ?denying and/or qualifying? the vast majority.?  Going to the substance, the First says that there isn?t evidence of discriminatory animus (or a hostile work environment), and that she was not entitled to a ?mixed-motive? analysis.  Applying McDonald-Douglas, the First says that the defendant articulated a good enough reason for discharging them.

Full post as published by Appellate Law and Practice on March 12, 2008 (boomark / email).