JoAnn Hatch v. Megan J. Brennan, Postmaster General, et al.

A divided Panel of the Ninth Circuit below affirmed a trial court order granting summary judgment dismissing Hatch’s claims for disability discrimination under 29 U.S.C. § 791 and 42 U.S.C. § 12112. The panel majority ignored Hatch’s declaration testimony concerning a meeting with her supervisor, instead drawing inferences favoring the Postal Service from two letters in the summary judgment record. The first question presented is:

1. On a motion for summary judgment, whether the trial court may disregard or ignore a party’s sworn testimony concerning a material historical fact based upon contradictory inferences arising from unsworn evidence in the summary judgment record. The Ninth Circuit Panel also affirmed a trial court order granting summary judgment dismissing Hatch’s claims for failure to provide reasonable accommodation under 29 U.S.C. § 791 and 42 U.S.C. § 12112. The Panel found that the Postal Service articulated a nondiscriminatory explanation for Hatch’s treatment, that a collective bargaining agreement required certain jobs be given to employees with greater seniority – and that Hatch failed to show the Postal Service explanation was pretextual. The second question presented is:

2. Under US Airways v. Barnett, 535 U.S. 391 (2000), to show that a proposed accommodation is ordinarily unreasonable, does the employer bear the burden of proving the accommodation would violate the rules of a seniority system or is the employer’s burden simply one of articulating a non-discriminatory reason.