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I remark the new section court's give off bottom line view de novo. Maziarka v. Mills Collection Ranch, Inc., 245 F.three dimensional 675, 678 (eighth Cir.2001). Conclusion wisdom is acceptable when the proof, viewed into the a light most favorable to your nonmoving group, shows zero legitimate issue of material fact can be obtained additionally the moving team is permitted view as a point of legislation. Id.; Given.Roentgen.Civ.P. 56(c).
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The new ADA taverns employers out-of discerning up against a qualified individual that have a handicap by disability of such private. 42 You.S.C. 12112(a). To establish a prima facie case within the ADA, the latest appellant need certainly to establish that (1) the lady condition qualifies due to the fact an impairment beneath the ADA definition, (2) she actually is qualified to do the very important attributes off the girl status which have otherwise instead of rooms, and (3) this lady has sustained a bad a job step on account of their impairment.