101004P.pdf   04/12/2011  Deana Tusing  v.  Des Moines Ind. School Dist.
   U.S. Court of Appeals Case No:  10-1004
   U.S. District Court for the Southern District of Iowa - Des Moines   
   [PUBLISHED] [Smith, Author, with Loken and Colloton, Circuit Judges]
   Civil case - employment discrimination. Assuming plaintiff made a prima
   facie case of age discrimination, the school district established a
   legitimate, non-discriminatory ground for failure to hire plaintiff for a
   position, and she failed to establish the ground was a pretext for age
   discrimination; plaintiff's depression was not a disability within the
   meaning of the Americans with Disabilities Act; plaintiff failed to produce
   any evidence that she was not hired as a counselor because of her
   depression; district court did not err in granting district summary
   judgment on plaintiff's age and disability claims with respect to a literacy
   leader position; with respect to plaintiff's transfer to a teaching position 
   at an elementary school, plaintiff voluntarily took the position and the
   transfer did not constitute and adverse employment action.