Diana Carter v. First Energy Nuclear Operating Company

The Honorable Joseph M. Hood, Senior United States District Judge for the Eastern District*
of Kentucky, sitting by designation.
NOT RECOMMENDED FOR FULL TEXT PUBLICATION
File Name: 08a0216n.06
Filed: April 23, 2008
No. 07-4101
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
DIANA CARTER,
Plaintiff, Appellant
On Appeal from the United States District
Court for the Northern District of Ohio
v.
FIRST ENERGY NUCLEAR OPERATING COMPANY,
Defendant, Appellee
______________________________/
BEFORE: KENNEDY, MARTIN, Circuit Judges, and HOOD, District Judge.*
PER CURIAM. Plaintiff-Appellant Diana Carter appeals the district court’s grant of
summary judgment to Defendant-Appellee First Energy Nuclear Operating Company on her
claims of failure to reasonably accommodate her alleged disability under the Americans with
Disabilities Act (“ADA”), 42 U.S.C. § 12001, et seq., and the Ohio Civil Rights Act (“OCRA”),
Revised Code Chapter 4112, and her claim of retaliation under the Family and Medical Leave
Act (“FMLA”), 29 U.S.C. § 2601, et seq. Plaintiff alleges that Defendant failed to reasonably
accommodate her claimed disability and retaliated against her by placing her on short-term
medical leave with full pay and benefits, rather than continuing the accommodation of her
choosing. The district court granted summary judgment to Defendant because Plaintiff could not
establish that she had suffered an adverse employment action, a required element of both her

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discrimination and retaliation claims, and Defendant reasonably accommodated Plaintiff’s
claimed disability by placing her on paid short-term leave.
We have carefully read the parties’ briefs, the applicable law, and the district court’s
opinion, and we agree no genuine issues of material fact exist and Defendant is entitled to
judgment as a matter of law on each of Plaintiff’s claims. Because the district court’s decision is
well-reasoned, we see no reason to embellish upon its opinion. Therefore, we AFFIRM the
district court's grant of summary judgment to Defendant on Plaintiff’s ADA, OCRA, and FMLA
claims for the reasons stated in the district court’s opinion.

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