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UNITED STATES DISTRICT COURT DISTRICT OF MAINE JOHN DESGROSSEILLIERS, ) ) Plaintiff ) ) v. ) ) REID'S CONFECTIONERY ) COMPANY, ) ) Defendant )

Civil No. 01-230-B-S

RECOMMENDED DECISION ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

Plaintiff John Desgrosseilliers brought the present two-count complaint against his employer, Defendant Reid 's Confectionery Company ("RCC") alleging that RCC engaged in disability discrimination in terminating him and therefore violated the Americans with Disabilities Act (Count I) and the Maine Human Rights Act (Count II). Before me is RCC's motion for summary judgment on both counts. (Docket No. 9.) I recommend that the Court GRANT RCC's motion for summary judgment. Summary Judgment Standard Summary judgment is appropriate when the record shows "that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter at law. " Fed. R. Civ. P. 56(c). A fact is "material" when it has the "potential to affect the outcome of the suit under the applicable law. " Nereida-Gonzalez v. Tirado-Delgado, 990 F.2d 701, 703 (1st Cir. 1993) (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986)). A "genuine issue " exists when the evidence is "sufficient to support rational resolution of the point in favor of either party. " Id. Summary judgment should be granted "against a party who fails to make a

showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial." Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). The evidence is to be viewed, and justifiable inferences are to be drawn, in the nonmoving party's favor. See Anderson, 477 U.S. at 255. Facts Desgrosseilliers began working at RCC in 1995 as a sales representative and in 1997 was promoted to Regional Manager for the southern territory in Maine. (Def.'s Statement of Material Facts ("DSMF")

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