We feedback the fresh new area court’s offer of bottom line wisdom de novo. Maziarka v. Mills Collection Farm, Inc., 245 F.three dimensional 675, 678 (eighth Cir.2001). Conclusion wisdom is acceptable in the event that facts, seen within the a white very beneficial on the nonmoving people, reveals no legitimate problem of question fact exists and also the swinging team try permitted judgment since the a question of rules. Id.; Given.Roentgen.Civ.P. 56(c).

Though the lady obligations was possibly reassigned for other professionals of one’s Financial, reassignment avoided men and women group off doing all their duties

The new ADA bars employers regarding discerning up against an experienced private with a handicap because of the disability of these personal. 42 You.S.C. 12112(a). To determine a prima-facie case under the ADA, the newest appellant must present that (1) the woman position qualifies while the an impairment in ADA meaning, (2) the woman is competent to perform some extremely important services from the girl position with otherwise instead accommodation, and you can (3) this lady has suffered a bad a career action due to her disability. Leggi tutto