152105P.pdf   03/31/2016  Kathy Kelleher  v.  Wal-Mart Stores, Inc.
   U.S. Court of Appeals Case No:  15-2105
   U.S. District Court for the Northern District of Iowa - Dubuque   
   [PUBLISHED] [Kelly, Author, with Smith and Colloton, Circuit Judges] 
   Civil case - Employment discrimination. For ADA purposes, plaintiff did 
   not suffer an adverse employment action because accepting the position 
   defendant offered after being made aware of her request for an 
   accommodation did not materially change the terms or conditions of her 
   employment as the position was less strenuous and received higher pay; as 
   a result, she failed to make a prima facie case of discrimination and 
   cannot prove her claim defendant failed to accommodate her disability; 
   with respect to her claim that defendant retaliated against her for making 
   the request for accommodation, under the McDonnell Douglas analysis, 
   defendant provided legitimate, non-retaliatory reasons for its actions 
   which plaintiff failed to show were pretexts; the actions plaintiff relies 
   on to establish a hostile work environment did not rise to the level of 
   harassment and there is no evidence to support her claim that she received 
   increased work or was held to a higher standard than other employees.