Lambert v. National Ass'n of Chain Drug Stores, Inc.

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-1529
DAVID F. LAMBERT, III,
Plaintiff - Appellant,
versus
NATIONAL ASSOCIATION OF CHAIN DRUG STORES,
INCORPORATED,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Gerald Bruce Lee, District
Judge. (CA-03-1033-A)
Submitted: January 19, 2005 Decided: February 17, 2005
Before MOTZ, GREGORY, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Kevin M. Williams, Kristen King-Holland, Herve H. Aitken, AITKEN &
ASSOCIATES, L.L.C., Alexandria, Virginia, for Appellant. Deborah
P. Kelly, Woody N. Peterson, Whitney M. Pellegrino, DICKSTEIN
SHAPIRO MORIN & OSHINSKY, L.L.P., Washington, D.C., for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
David F. Lambert, III, appeals from the district court’s
order granting summary judgment in favor of his former employer on
his claims alleging a hostile work environment and retaliation in
violation of the Americans with Disabilities Act (ADA), 42 U.S.C.
§§ 12101-12213 (2000).* We have reviewed the record and find that
Lambert failed to establish a prima facie case of disability
discrimination or retaliation under the ADA, see Fox v. General
Motors Corp., 247 F.3d 169 (4th Cir. 2001); Freilich v. Upper
Chesapeake Health, Inc., 313 F.3d 205, 216 (4th Cir. 2002).
Accordingly, we affirm the award of summary judgment to the
Defendant. We deny Lambert’s request for oral argument because the
facts and legal contentions are adequately presented in the
materials before the court and argument would not aid the
decisional process.
AFFIRMED
*
Lambert does not appeal from the portion of the district
court’s order granting summary judgment to his former employer on
his claims under the Age Discrimination in Employment Act (ADEA) or
the Employee Retirement Income Security Act (ERISA).
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