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Royal Successfully Obtains Summary Judgment

Published:  March 31, 2017

Royal attorneys successfully obtained summary judgment for a Fortune 500 Company in a federal disability discrimination lawsuit.  The court adopted our position that Plaintiff’s unsupported assertions were not enough to defeat summary judgment on a failure to accommodate claim.  Here, Plaintiff requested a specific accommodation, which Defendant granted.  In the context of her lawsuit against Defendant, Plaintiff claimed that Defendant denied her access to the accommodation; however, Plaintiff presented no evidence to establish such a claim other than her assertion that it had happened. The court dismissed the claim, agreeing with us, and found that no reasonable jury could find in Plaintiff’s favor.  With respect to Plaintiff’s discriminatory discharge claim, the court again adopted our argument that Plaintiff could not establish that she was constructively discharged when she failed to avail herself of all avenues of redress before leaving her job.  In addition, the court found in Defendant’s favor by dismissing the aiding and abetting claim asserted against it, finding that Plaintiff failed to allege that Defendant committed a wrong separate and distinct from the primary discrimination claim and failed to allege individual liability by her managers and coworkers.

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