SallySemmlerfiles a lawsuit against her employer, Discovery Software Corporation, alleging that the company discriminated against herbecause of hersex. Specifically, she alleges thatshe has not received a promotion because ofhersex. After the close of discovery, the evidence shows: (1)that females have been promoted at the same levels as males in the companyand(2) that Semmler is often late to the office and has lower than average evaluations.

Discovery files a motion for summary judgment and Semmler opposes the motion. Explain whether the judge should grant the motion under Rule 56(a) of the Federal Rules of Civil Procedure?