Solloway v. White

Filing 130

ORDER APPROVING AND ADOPTING 123 Final Report and Recommendation and GRANTING 110 Motion for Summary Judgment. Signed by Judge Thomas W. Thrash, Jr. on 3/24/17. (jkl)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
CAROLE SOLLOWAY,
Plaintiff,
v.

CIVIL ACTION FILE
NO. 1:13-CV-3827-TWT

MARY JO WHITE
as Chairman of the Securities and
Exchange Commission,
Defendant.

ORDER

This is an employment discrimination action in which the Plaintiff seeks to
recover damages under the Rehabilitation Act and Title VII of the Civil Rights Act of
1964. It is before the Court on the Report and Recommendation [Doc. 123] of the
Magistrate Judge recommending that the Defendant’s Motion for Summary Judgment
[Doc. 110] be granted. The Plaintiff is employed as an accountant by the SEC. For the
reasons set forth in the thorough and well-reasoned Report and Recommendation, she
was not a qualified individual under the Rehabilitation Act if she was unable to be
present in her office to work in order to avoid contact with another agency employee.
Her request to work full time as a tele-worker was unreasonable and exposed the
agency to undue hardship. The fact that the SEC has allowed the Plaintiff to work as
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a full time – five days a week – tele-worker since 2014 does not mean that the law
required that previously. The Plaintiff is not entitled to be paid monetary damages
because the government has bent over backwards to accommodate her disability. The
Plaintiff’s Objections to the Report and Recommendation are without merit. The
Court approves and adopts the Report and Recommendation as the judgment of the
Court. The Defendant’s Motion for Summary Judgment [Doc. 110] is GRANTED.
SO ORDERED, this 24 day of March, 2017.

/s/Thomas W. Thrash
THOMAS W. THRASH, JR.
United States District Judge

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