Colon-Fontanez v. Municipality of San Juan, No. 10-1026 (1st Cir. 2011)Annotate this Case
Plaintiff, a municipal employee since 1989, was diagnosed with fibromyalgia in 2005. She claimed of disability discrimination and retaliation in violation of the Americans with Disabilities Act, 42 U.S.C. 12101 and the Rehabilitation Act, 29 U.S.C. 701, and retaliation in violation of Title VII of the Civil Rights Act, 42 U.S.C. 2000. The district court entered summary judgment for her employer. The First Circuit affirmed, upholding the court's refusal to consider evidence for which no corresponding English translation was provided to or properly filed, admission of summary charts prepared by a paralegal employed by the defendant's law firm, and dismissal of an alleged equal protection claim sua sponte. Plaintiff, who was absent more than 50 percent of the time starting in 2006, failed to establish that she was a "qualified individual" under the ADA; physical presence was an essential function. Her request for assigned parking was reasonable, but did not cause any of the claimed adverse employment actions.