The question:

Sally Semmler files a lawsuit against her employer, Discovery Software Corporation, alleging that the company discriminated against her because of her sex. Specifically, she alleges that she has not received a promotion because of her sex. After the close of discovery, the evidence shows: (1) that females have been promoted at the same levels as males in the company and (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. Should the judge grant the motion under Rule 56(a) of the Federal Rules of Civil Procedure?

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Rule 56. Summary Judgment

(a) Motion for Summary Judgment or Partial Summary Judgment. A party may move for summary judgment, identifying each claim or defense or the part of each claim or defense on which summary judgment is sought. The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. The court should state on the record the reasons for granting or denying the motion.

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My answer:

Yes, because the evidence, which is not in dispute, shows that females have indeed been promoted at the same levels as males and that Semmier's work performance is inferior to other workers in the company. Semmier does not have any evidence to back up her claim and will not prevail at trial. Therefore, summary judgment should be granted for the defendant.