Dixon v. Birmingham, Alabama, City of
MEMORANDUM OPINION Signed by Judge William M Acker, Jr on 1/27/15. (SAC )
2015 Jan-27 PM 03:08
U.S. DISTRICT COURT
N.D. OF ALABAMA
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
CITY OF BIRMINGHAM, ALABAMA,
CIVIL ACTION NO.
recommendation was entered in this case, and the parties were
recommendations made by the magistrate judge. No objections to the
magistrate judge's report and recommendation have been filed.
After careful consideration of the entire record and the
magistrate judge's report and recommendation, the court hereby
ADOPTS the report of the magistrate judge as its opinion. The court
Accordingly, the court finds and concludes that defendant's motion
for summary judgment (Doc. 19) is due to be granted. The action
will be dismissed with prejudice as to all counts except Count IV
of the amended complaint (Doc. 3). The action as stated in Count IV
will be dismissed without prejudice.
The court notes that plaintiff’s claim of ADA retaliation is
further barred by University of Texas Southwestern Medical Center
v. Nassar, 133 S. Ct. 2517 (2013). In Nassar, the Supreme Court
held that a plaintiff asserting a Title VII retaliation claim must
satisfy a “but-for” causation standard, meaning that a retaliatory
motive must be the only reason for the defendant’s actions. Because
the language of 42 U.S.C. § 12203, the ADA retaliation provision,
is nearly identical to that of Title VII’s retaliation provision,
this court finds that Nassar applies to ADA retaliation cases.
retaliation for her filing of her EEOC charge: (1) denial/delay of
IDIS training and (2) failure to promote plaintiff to the position
of Principal Administrative Analyst. (Doc. 35 at 16). Because
discrimination because of her disability (Doc. 35 at 12), she
cannot meet her burden of showing that retaliation was defendant’s
only motivation for the complained-of actions.
A separate order will be entered.
DONE this 27th day of January, 2015.
WILLIAM M. ACKER, JR.
UNITED STATES DISTRICT JUDGE
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