Lang v. Wal-Mart Stores East, L.P., No. 15-1543 (1st Cir. 2016)Annotate this Case
While working for Wal-Mart Stores East, L.P., Plaintiff claimed a disability arising from her “pregnancy status.” Plaintiff, however, claimed she could perform the essential functions of her job with a reasonable accommodation. Wal-Mart refused Plaintiff’s accommodation request and later terminated her. Plaintiff brought this action against Wal-Mart claiming violations of the Americans with Disabilities Act (ADA) and the New Hampshire Civil Rights Act. The district court granted summary judgment in favor of Wal-Mart on all claims. The First Circuit affirmed, holding (1) the trial judge correctly granted summary judgment to Wal-Mart on the ADA claim, as Plaintiff failed to create a trial worthy issue as to whether she could have performed an essential function of her job with or without reasonable accommodation; and (2) Plaintiff’s challenges to the dismissal of her state-law claims of unlawful disability discrimination and retaliation were without merit.
The court issued a subsequent related opinion or order on March 4, 2016.