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)

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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 T:\ORDERS\13\Solloway\r&r.wpd 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 T:\ORDERS\13\Solloway\r&r.wpd -2-

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