Opinion

Lewis v. AT&T Mobility Services, LLC

Court
District Court, N.D. Oklahoma
Filed
Jun 27, 2025
Cited by
0 cases
Authority
More cited than 37.1%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF OKLAHOMA

RENITA LEWIS,

Plaintiff,

v.

Case No. 23-CV-00087-SEH-MTS

AT&T MOBILITY SERVICES, LLC,

Defendant.

OPINION AND ORDER

Plaintiff Renita Lewis worked for Defendant AT&T in a sales position that

required her to work inside customer homes. She alleges that customers

made inappropriate sexual remarks and engaged in conduct that made her

feel unsafe on more than one occasion. She further alleges that she was

terminated after reporting these incidents.

Plaintiff brings claims of employment discrimination and retaliation

against Defendant, all on the basis of her purported disability. Plaintiff has

not set forth sufficient evidence to create a dispute of material fact as to

whether she can meet the applicable definition of “disability,” and there are

no disputed material facts that support a prima facie case of retaliation. For

these and the other reasons explained in more detail below, Defendant’s

motion for summary judgment [ECF No. 47] is granted.

I. Background

LCvR56-1(b) & (e) requires a moving party to include a section in a

summary judgment brief that sets forth a statement of “material facts to

which the moving party contends no genuine issue of fact exists,” which shall

be stated in “concise, numbered paragraphs” with accompanying citations.

“The response brief in opposition to a motion for summary judgment ... shall

begin with a section responding, by correspondingly numbered paragraph, to

the facts that the movant contends are not in dispute and shall state any fact

that is disputed.” LCvR56.1(c). “All material facts” in the movant’s statement

of material facts will be admitted for summary judgment purposes “unless

specifically controverted by the statement of material facts of the opposing

party, using the procedures set forth in this rule.” Id. (emphasis added); see

also Mills v. Amazon.com Services, LLC, No. 24-CV-0188-CVE-CDL, 2025 WL

861381, at *1 (N.D. Okla. Mar. 19, 2025) (collecting cases). Plaintiff did not

comply with these procedures, so the Court deems Defendant’s statement of

undisputed material facts admitted for purposes of summary judgment

unless otherwise identified.

Defendant employed Plaintiff as an in-home sales expert. [ECF No. 47-1 at

10]. The job description for Plaintiff’s position includes several key roles and

responsibilities, including that Plaintiff was expected to “sell[] AT&T

products and services,” and that she was expected to do so “[i]n the

residential customer’s home.” [ECF No. 47-10]; [ECF No. 47-9 at 2–3].1 While

performing her job duties in a customer’s home on September 25, 2021,

Plaintiff alleges that the customer “made comments about her breast, then

stuck his hands down in his pants and asked [Plaintiff] if [she] liked to play

around.” [ECF No. 21 at 2]; see also [ECF No. 47-1 at 11]; [ECF No. 47-3 at 2].

This followed another incident where a customer engaged in inappropriate

conduct toward Plaintiff. [ECF No. 47-1 at 11]. Plaintiff reported the

September 25, 2021 incident to her then-supervisor the next day and told him

that she no longer felt comfortable going on dispatches to customer homes.

[ECF No. 47-1 at 11]; [ECF No. 47-3 at 2].

After the incident, Plaintiff’s supervisor allowed her to perform some of

her job duties remotely on a temporary basis. [ECF No. 47-11 at 4]. Plaintiff

alleges that although Defendant’s policy provides managers with discretion to

allow employees to work remotely for up to 20 days, Plaintiff was removed

from remote work status and put on leave in less than a week. [ECF No. 53 at

7–8]. Plaintiff’s supervisor also “advised [her] to file a job accommodation

request, sen[t] her the link to the job accommodation site, and helped her

submit her request.” [ECF No. 47-11 at 3].

1 The job description in the summary judgment record is for a position called

“integrated solutions consultant,” but this position is also referred to as an in-home

expert. Compare [ECF No. 47-1 at 10] with [ECF No. 47-9 at 2]; [ECF No. 47-10].

As a potential response to Plaintiff’s concern about going inside customer

homes, Plaintiff’s supervisor asked whether she would consider a retail store

position. [ECF No. 47-11 at 4]. Plaintiff responded by telling her supervisor

that she needed more time to consider an in-store position because she was

overwhelmed. [ECF No. 47-14 at 2]. She said she needed more time to process

the events and “had to be honest about not feeling comfortable but [she]

didn’t think it would lead to [her] having to step down and go back to the

store.” Id. Plaintiff ultimately declined the offer for an in-store position; she

said she was “willing and able to return to [her] regular position, but [she

could not] go on dispatches” and that she could “do everything else.” [ECF No.

47-15 at 2]. Plaintiff also asked her supervisor whether a technician (i.e.

another employee) could be sent with her to dispatches at customer homes,

but her supervisor explained that could not be done because technicians have

different schedules, and their work is done outside the customer’s home.

[ECF No. 47-11 at 4].

Plaintiff initiated the job accommodation process with Defendant on

October 4, 2021, but Defendant notified Plaintiff a few weeks later that her

accommodation request was closed because “[n]o medical documentation has

been submitted to support [her] request.” [ECF No. 47-7 at 2]. However,

Defendant extended her deadline to submit medical documentation no later

than November 5, 2021. [ECF No. 47-7 at 2]. Defendant warned Plaintiff that

failure to provide documentation by the deadline would permanently close

the claim for an accommodation. [Id.]. Although the record does not show

that Plaintiff submitted health or other documentation as a part of the

accommodation process, she did apply and was approved for disability

benefits under Defendant’s umbrella benefit plan. [ECF No. 47-21 at 2–3]; see

also [ECF No. 47-23 at 2–21] (communications from the third-party benefits

administrator, Sedgwick, approving Plaintiff’s disability benefits following a

“review of the medical documentation submitted by [her] physician.”). A

letter from Sedgwick to Plaintiff dated March 22, 2022, shows that her

disability benefits began on October 13, 2021, and ran through April 12,

2022. [ECF No. 47-23 at 4]. On the last effective date of Plaintiff’s benefits

period, the third-party administrator asked Plaintiff if she would return to

work the next day, to which Plaintiff responded “no.” [ECF No. 47-21 at 3];

[ECF No. 47-25 at 2].

On May 5, 2022, after Plaintiff exhausted her disability benefits under

Defendant’s plan, the director of in-home sales, Krystal Adam, called Plaintiff

to ask whether she “anticipated returning” to work, but Plaintiff did not

answer or return the call. [ECF No. 47-9 at 5]. By May 27, 2022, Adam had

still not heard from Plaintiff about whether she intended to return to work.

[ECF No 47-9 at 5–6]. Therefore, Adam terminated Plaintiff’s employment as

a “Separation from Employment, End of Benefits,” which is a “standard

payroll code for employees who exhausted short-term disability benefits and

have approved long-term disability benefits without an approved Disability

Leave of Absence.” [ECF No. 47-9 at 5–6].

Conspicuously absent from the summary judgment record is a concise

explanation of what Plaintiff’s purported disability is, or any evidence

showing the details of such a disability other than Plaintiff’s own conclusory

statements. The parties do not dispute that Plaintiff sent some kind of

records to Defendant’s third-party benefits administrator, Sedgwick. Notably,

though, those documents were sent to Sedgwick, not AT&T. [ECF No. 47-1 at

22] (Plaintiff testifying about communications between her doctor and

Sedgwick, not Defendant); [ECF No. 47-17 at 3–4]. And in any event, Plaintiff

has not put any such records, expert witness reports or testimony, or any

other supporting evidence before the Court for consideration. The only thing

Plaintiff offers about her purported disability are her own conclusory

statements about her “anxiety.” See [ECF No. 47-5 at 2] (Plaintiff telling her

supervisor in an email about “working through [her] anxiety while on the

job.”); [ECF No. 47-1 at 6] (Plaintiff testifying in her deposition that the

feeling she gets “gives [her] anxiety.”).

Plaintiff asserts 5 claims in the second amended complaint:

1. Failure to engage in required interactive process under the Oklahoma

Anti-Discrimination Act (“OADA”) and the Americans with Disabilities

Act (“ADA”);

2. Failure to accommodate under the OADA and ADA;

3. Disability discrimination under the OADA and ADA;

4. Another disability discrimination count for discriminatory discharge

under the OADA and ADA; and

5. Retaliation under the OADA and ADA.

[ECF No. 21 at 8–9].

Failure to engage in the interactive process is not a recognized standalone

claim. See Dansie v. Union Pacific R.R. Co., 42 F.4th 1184, 1194 n.2 (10th

Cir. 2022) (“Defendant contends that even if it did not engage in the

interactive process, Plaintiff still cannot prevail on summary judgment

because failure to engage in the interactive process is not a standalone claim.

True enough—‘an employee cannot maintain a failure to accommodate claim

based solely on an employer's failure to engage in the interactive process.’”)

(quoting Lincoln v. BNSF Ry. Co., 900 F.3d 1166, 1207 n.29 (10th Cir. 2018)).

Therefore, Plaintiff has three categories of viable claims against

Defendant: (1) disability discrimination; (2) failure to accommodate; and (3)

retaliation.2 For purposes of summary judgment, these claims are evaluated

the same way under the ADA and the OADA, so “the Court’s conclusions

2 Some Oklahoma district courts have found that retaliation claims are not

cognizable under the OADA. E.g. Mills v. Amazon.com Services, LLC, No. 24-

CV-0188-CVE-CDL, 2024 WL 3205397, at *3 (N.D. Okla. Jun. 27, 2024)

(citing Sultuska v. JPMorgan Chase Bank, No. CIV-18-669-C, 2019 WL

4888579, at *2 n.2 (W.D. Okla. Oct. 3, 2019)). But that issue was not raised

by the parties, so the Court will not address it.

regarding the ADA claims also apply to the OADA claims.” Simpson v.

American Fidelity Assurance, Co., No. CIV-24-512-R, 2025 WL 1351553, at *3

n.5 (W.D. Okla. May 8, 2025) (citing McCully v. Am. Airlines, Inc., 695

F.Supp.2d 1225, 1246 (N.D. Okla. 2010), aff’d 405 F. App’x 260 (10th Cir.

2010)).

II. Standard

A court “shall grant summary judgment if the movant shows that there is

no genuine dispute as to any material fact and the movant is entitled to

judgment as a matter of law.” Fed. R. Civ. P. 56(a). A dispute is genuine

when “the evidence is such that a reasonable jury could return a verdict for

the nonmoving party,” and a fact is material when it “might affect the

outcome of the suit under the governing law.” Anderson v. Liberty Lobby, Inc.,

477 U.S. 242, 248 (1986).

In applying the summary judgment standard, a court must view facts in

the light most favorable to the non-moving party. Forth v. Laramie Cnty. Sch.

Dist. No. 1, 85 F.4th 1044, 1059 (10th Cir. 2023). However, “[w]here the

record taken as a whole could not lead a rational trier of fact to find for the

non-moving party, there is no ‘genuine issue for trial.’” Matsushita Elec.

Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986) (citation

omitted). Conclusory, unspecified, self-serving statements or affidavits

without evidentiary support will not survive summary judgment. Janny v

Gamez, 8 F.4th 883, 899 (10th Cir. 2021); Hall v. Bellmon, 935 F.2d 1106,

1111 (10th Cir. 1991).

III. Discussion

As noted above, Plaintiff’s claims fall into three categories: (1) disability

discrimination; (2) failure to accommodate; and (3) retaliation. Defendant is

entitled to summary judgment on Plaintiff’s failure to accommodate and

disability discrimination claims because she does not meet the applicable

definition of “disability.” Defendant is also entitled to summary judgment on

Plaintiff’s retaliation claim because her allegations are conclusory, she cannot

show the requisite causation, and the purported protected opposition does not

fall within the ADA’s protections.

A. Disability Discrimination and Failure to Accommodate Claims

1. Framework

Disability discrimination claims under the ADA without direct evidence of

discrimination are evaluated under the traditional McDonnell Douglas

burden-shifting framework. Williams v. FedEx Corp. Services, 849 F.3d 889,

896 (10th Cir. 2017). Under that framework, Plaintiff must first make a

prima facie case of disability discrimination by raising a genuine issue of

material fact as to each element of the claim. Edmonds-Radford v. Sw.

Airlines Co., 17 F.4th 975, 989 (10th Cir. 2021). If Plaintiff does that, the

burden shifts to Defendant to offer a legitimate, nondiscriminatory reason for

its action. Id. at 990. If Defendant does that, the burden shifts back to

Plaintiff “to show a genuine issue as to whether [Defendant’s] reason was

pretextual.” Id. Unlike a disability discrimination claim, failure to

accommodate claims are evaluated under a modified McDonnell Douglas

framework:

Under the first step of the modified framework, a plaintiff must

demonstrate that (1) [she] is disabled; (2) [she] is otherwise

qualified; and (3) [she] requested a plausibly reasonable

accommodation.” If the plaintiff makes a showing on all three

elements, the burden shifts to the employer to present evidence

either (1) conclusively rebutting one or more elements of plaintiff's

prima facie case or (2) establishing an affirmative defense, such as

undue hardship or one of the other affirmative defenses available

to the employer.

Lincoln v. BNSF Ry. Co., 900 F.3d 1166, 1204 (10th Cir. 2018) (cleaned up).

Now for the first step for each claim. To make a prima facie case of

discrimination, Plaintiff must show: “(1) that [s]he is disabled within the

meaning of the ADA; (2) that [s]he is qualified for the job held or desired; and

(3) that [s]he was discriminated against because of [her] disability.” Id. at

1192 (10th Cir. 2018) (quotation marks and citation omitted). And as for the

first step of the modified framework for Plaintiff’s failure to accommodate

claim, Plaintiff likewise must show that she is disabled. Id. at 1204; see also

Aubrey v. Koppes, 975 F.3d 995, 1005 (10th Cir. 2020) (listing the elements of

a failure to accommodate claim under the ADA as: “1) she was disabled; 2)

she was otherwise qualified; 3) she requested a plausibly reasonable

accommodation; and 4) defendant refused to accommodate her disability.”).

Both claims require Plaintiff to show she was disabled at the first step of

the inquiry. See also 42 U.S.C. § 12112(a), (b)(5)(A) (prohibiting employers

from discriminating against a “qualified individual on the basis of disability”

and “not making reasonable accommodations to the known physical or

mental limitations of an otherwise qualified individual with a disability.”).

Therefore, Defendant is entitled to summary judgment if Plaintiff cannot at

least establish a dispute of material fact as to whether she is disabled.

2. Plaintiff Does not Meet the Definition of “Disability”

Defendant argues that the summary judgement record lacks “any evidence

that [Plaintiff] had any medical condition between September 25, 2021 (when

she [was] effectively performing her dispatching duties) and October 7, 2021

(when she stopped working),” and that Plaintiff’s “self-diagnosis of ‘anxiety’

cannot establish a disability.” [ECF No. 47 at 16] (emphasis in original).

Plaintiff responds in conclusory fashion that she has a disability. E.g., [ECF

No. 53 at 13] (stating that the customer incident that gave “rise to Ms. Lewis’

disability occurred in September 2021.”). Plaintiff further contends that

Defendant “in fact had medical documentation provided by [her] medical

provider such that a determination could be made about [her] application for

disability benefits from October 13, 2021, through April 2022.” [Id. at 21].

Plaintiff’s arguments also focus on whether she could perform the

essential functions of her job as a “qualified individual,” rather than the

separate question of whether she had a “disability.” See [ECF No. 53 at 11]

(highlighting, among other things, that Plaintiff testified in her deposition

that “other than going and ‘striping,’ [sic] she had no medical restrictions

limiting her ability to perform any job.”). As noted above, however, being

“qualified” and having a “disability” are separate elements for disability

discrimination and failure to accommodate claims in this kind of case.

Therefore, Plaintiff’s arguments about being qualified do not necessarily

impact the question of whether she had a disability that would bring her

within the protections of the ADA.

There are three categories of “disability” under the ADA: (1) “a physical or

mental impairment that substantially limits one or more major life activities

of such individual;” (2) “a record of such an impairment;” or (3) “being

regarded as having such an impairment.” 42 U.S.C. § 12102(1). Plaintiff

invokes different categories of disability in the second amended complaint.

Compare [ECF No. 21 at 8] (“Plaintiff was qualified as “disabled” pursuant to

the ADA because she was actually impaired as described in 42 U.S.C.

§ 12102(1)(A).”) with [Id. at 9] (“Defendant terminated Plaintiff’s employment

because of Plaintiff’s disability and/or perceived disability and/or record of a

disability and/or because it regarded Plaintiff as disabled.”).

Because Plaintiff does not clarify what category of disability she meets

under § 12102, the Court asked Plaintiff’s counsel to clarify that point during

the hearing on the motion for summary judgment. Counsel clearly responded

that Plaintiff had an actual disability under § 12102(1)(A), though later in

the hearing counsel referenced Plaintiff being regarded as having a disability.

Because Plaintiff has not briefed the issue of having a “record of such

impairment” under § 12102(1)(B), and because that was not argued during

the hearing, the Court will only address whether Plaintiff had an actual

disability or was regarded as having a disability under § 12102(1)(A) & (C).

See generally Pamela D.T. v. O'Malley, No. 4:23-cv-62-CDL, 2024 WL

1381779, at *6 (N.D. Okla. Mar. 31, 2024) (collecting cases and noting that

perfunctory arguments are waived).

With respect to whether Plaintiff is actually disabled under § 12102(1)(A),

“when a plaintiff alleges an impairment ‘that a lay jury can fathom without

expert guidance,’ courts generally ‘do not require medical evidence’ to

establish an ADA disability.” Tesone v. Empire Marketing Strategies, 942

F.3d 979, 997 (10th Cir. 2019) (quoting Mancini v. City of Providence by and

through Lombardi, 909 F.3d 32, 42 (1st Cir. 2018)). “[C]ourts assess the

necessity of expert evidence on a case-by-case basis and consider the type of

disability alleged,” and expert testimony is required “only if an impairment is

‘rare’ or ‘of such character as to require skilled and professional persons to

determine the cause and extent thereof.’” Id. at 998 (citations omitted).

Other than conclusory arguments in her response brief about having a

disability, Plaintiff does not explain what her impairment is or how it

substantially limits a major life activity. It appears that Plaintiff described

her condition as “anxiety” during her deposition. [ECF No. 47-1 at 6].

Unlike knee, back, or other obvious physical impairments that a lay juror

could more easily understand, the Tenth Circuit has found in several

circumstances that some mental impairments require expert testimony. For

example, in Neri v. Bd. of Educ. For Albuquerque Public Schools, the court

noted that a plaintiff “could testify about the physical and mental symptoms

she experienced,” but that she was “not competent to testify that those

symptoms were caused by PTSD or to opine on the physical or mental effects

of PTSD generally, ‘for those are clearly matters beyond the realm of common

experience and require the special skill and knowledge of an expert witness.’”

860 F. App’x 556, 562 (10th Cir. 2021) (quoting Felkins v. City of Lakewood,

774 F.3d 647, 652 (10th Cir. 2014)); see also Clancy v. Miller, 837 F. App’x

630, 635–36 (10th Cir. 2020) (including “acute anxiety” among the conditions

that would require expert testimony to show an actual disability). The Tenth

Circuit made its determination in Neri even though the applicable regulation

lists PTSD as one of the impairments that “will, as a factual matter, virtually

always be found to impose a substantial limitation on a major life activity.”

860 F. App’x at 562–63 (citing 29 C.F.R. § 1630.2, which does not so list

anxiety). Therefore, without any expert testimony, Plaintiff cannot make a

showing that she meets the definition of “disability” under the ADA.

Not only has plaintiff not provided any expert testimony about her anxiety

or any other impairment, she has not provided any evidence or other records

that could establish she had a disability. She only offers her own conclusory

statements that she has a disability. But that is not enough to survive

summary judgment. Because Plaintiff has presented no evidence to create a

genuine dispute over whether she had an actual disability, she fails at step

one of the burden shifting framework for her disability discrimination and

failure to accommodate claims. The court’s inquiry need not go further, and

Defendant is entitled to summary judgment.

With respect to whether Plaintiff was “regarded as” having a disability by

Defendant, Plaintiff must “establish[ ] that … she has been subjected to an

action prohibited under this chapter because of an actual or perceived

physical or mental impairment whether or not the impairment limits or is

perceived to limit a major life activity.” 42 U.S.C. § 12102(3)(A). “This

provision, however, is not applicable to ‘transitory or minor’ impairments. An

impairment is transitory if it has ‘an actual or expected duration of 6 months

or less.’ Thus, a “regarded as” claim requires a showing that: ‘(1) [s]he has an

actual or perceived impairment, (2) that impairment is neither transitory nor

minor, and (3) the employer was aware of and therefore perceived the

impairment at the time of the alleged discriminatory action.’” McKeown v.

Paycom Payroll LLC, No. CIV-24-301-PRW, 2025 WL 978221, at *5 (W.D

Okla. Mar. 31, 2025) (citations omitted). So even setting aside Plaintiff’s

failure to provide expert testimony about her purported disability, Plaintiff

has offered no evidence to show that her disability is neither transitory nor

minor. Therefore, Defendant is likewise entitled to summary judgment under

a “regarded as” theory.

B. Retaliation

Plaintiff’s retaliation claim is subject to the same burden shifting

framework as her discrimination claims. Lincoln v. BNSF Ry. Co., 900 F.3d

1166, 1209 (10th Cir. 2018). Namely, Plaintiff must first make a prima facie

case that she: (1) “engaged in protected opposition to discrimination;” (2) “a

reasonable employee would have found [the] employer’s subsequent action to

be materially adverse;” and (3) a causal connection exists between [the]

protected activity and the employer’s action.” Id. If Plaintiff establishes a

prima facie claim, the burden shifts to Defendant to set forth a legitimate,

non-retaliatory reason for its conduct. Id. at 1193. If Defendant does so, the

burden shifts back to Plaintiff to show that the stated reasons are pretextual.

Id.

Defendant argues that it is entitled to summary judgment on Plaintiff’s

retaliation claim for a few reasons. First, assuming that Plaintiff’s protected

opposition was either reporting the September 2021 customer incident or

requesting a job accommodation in October 2021, Defendant contends that

Plaintiff cannot establish causation because she was not terminated until

approximately 8 months after those events. [ECF No. 47 at 28–29]. Second,

Defendant argues that “significant intervening events occurred after

[Plaintiff’s] request for accommodation and before the decision to separate

her employment.” [Id. at 29]. Specifically, Plaintiff’s “medical information

submitted to Sedgwick showed as of April 13, 2022 she could not perform any

job and was not likely to resume her duties within six months.” [Id. at 29–30]

(emphasis in original). Defendant further argues it is entitled to summary

judgment because Plaintiff did not respond when Defendant reached out to

inquire when or whether she intended to return to work. [Id. at 30].

Plaintiff responds in conclusory fashion that “at least some evidence

supports a finding that [Defendant’s] decision to terminate [Plaintiff] was in

fact causally connected to her protected activities and multiple complaints

that started in late September 2021 that continued up and through her

termination.” [ECF No. 53 at 21–22]. Plaintiff supports this argument with a

string of citations to multiple depositions without any further explanation,

argument, or analysis. Perfunctory, undeveloped arguments like this are

waived. Pamela D.T. v. O'Malley, No. 4:23-cv-62-CDL, 2024 WL 1381779, at

*6 (N.D. Okla. Mar. 31, 2024) (collecting cases and noting that perfunctory

arguments are waived). Judges “are not like pigs, hunting for truffles buried

in briefs,” and the Court will not make arguments on Plaintiff’s behalf. Rocky

Mountain Wild, Inc. v. United States Forest Service, 56 F.4th 913, 927 (10th

Cir. 2022) (quoting Gross v. Burggraf Const. Co., 53 F.3d 1531, 1546) (10th

Cir. 1995)).

Plaintiff also argues that it was more than just her termination that was

retaliatory. First, she asserts that Defendant’s offer to switch her to an in-

store role would have been a demotion. [ECF No. 53 at 22]. And second, she

asserts that Defendant prematurely ended her temporary remote work status

after she told her supervisor that she felt she was being penalized for

reporting sexual harassment. [Id. at 22–23].

In-Store Role

Plaintiff offers nothing other than her own conclusory perception that

being moved to an in-store role would have been a demotion that “a

reasonable employee would have found … to be materially adverse.” Lincoln

v. BNSF Ry. Co., 900 F.3d 1166, 1209 (10th Cir. 2018). For example, she

offers no evidence about changes in pay or other differences in the positions

that would allow a finder of fact to conclude that a change in positions would

be materially adverse. Plaintiff’s conclusory perception is not enough to

create a dispute of material fact as to this element of the prima facie case of

retaliation, so Defendant is entitled to summary judgment.

Additionally, Plaintiff appears to contend that her protected activity was

“report[ing] the ‘sexual harassment’ incident.” [ECF No. 53 at 22]. However, a

protected activity under the ADA must have been an act in opposition of “any

act or practice made unlawful by this chapter” of the statute. 42 U.S.C.

§ 12203(a) (emphasis added). “This chapter” refers to Chapter 126 of Title 42

of the United States Code, which covers equal opportunity for individuals

with disabilities. Chapter 126 does not provide protections against

discrimination on grounds other than disability. See Mills v. Amazon.com

Services, LLC, No. 24-CV-0188-CVE-CDL, 2024 WL 3205397, at *5 (N.D.

Okla. Jun. 27, 2024) (granting motion to dismiss on disability retaliation

claim when alleged protected activity involved race discrimination, but not

discrimination on the basis of disability). To the extent Plaintiff asserts that

reporting an instance of sexual harassment is her protected opposition to

discrimination, Plaintiff cannot make a prima facie case that she engaged in

protected opposition under the ADA. Defendant is, therefore, entitled to

summary judgment.

Temporary Remote Work Assignment

Plaintiff alleges that Defendant involuntarily put her on leave before she

fully exhausted the temporary remote work period her supervisor could

authorize. [ECF No. 53 at 22-23]. She argues this was retaliatory because

“these events all happened within days of” telling her supervisor that she felt

she was being penalized for reporting sexual harassment. [/d.]. But as

explained above, the ADA does not protect against forms of discrimination

other than discrimination on the basis of disability. Therefore, Plaintiff

cannot make a prima facie case that she engaged in protected opposition

under the ADA, and Defendant is entitled to summary judgment.

IV. Conclusion

For the reasons explained above, Defendant’s motion for summary

judgment [ECF No. 47] is GRANTED. The Court will enter a separate

judgment.

Because judgment will be entered in Defendant’s favor and against

Plaintiff, Plaintiff's motion in limine [ECF No. 48] and Defendant’s motion in

limine [ECF No. 49] are MOOT.

DATED this 27th day of June, 2025.

Sinn HP

Sara E. Ale

UNITED STATES DISTRICT JUDGE

20

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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