Dixon-Tribou v. McDonough, No. 22-1696 (1st Cir. 2023)
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The First Circuit affirmed the judgment of the district court granting summary judgment in favor of the U.S. Department of Veterans Affairs (VA) in this lawsuit alleging disability discrimination, hostile work environment, and other claims, holding that there was no error in the proceedings below.
Plaintiff filed this action claiming disability discrimination under the Rehabilitation Act (RA), hostile work environment under the RA and Americans with Disabilities Act, retaliation in violation of Title VII, and failure to accommodate under the RA. The district court granted summary judgment in favor of the VA on all counts. The First Circuit affirmed, holding that the district court (1) correctly concluded that 5 U.S.C. 8461(d) did not bar its review of Plaintiff's claims at summary judgment; (2) did not err in rejecting Plaintiff's preclusion claim; and (3) did not err in granting summary judgment.
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