164343P.pdf   07/03/2018  Gerald Moses  v.  Dassault Falcon Jet Corp
   U.S. Court of Appeals Case No:  16-4343
                          and No:  17-1056
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
   [PUBLISHED] [Before Smith, Author, and Kelly and Erickson, Circuit Judges] 
   Civil case - Employment Discrimination. Plaintiff was terminated after he 
   received his EEOC right-to-sue letter on his hostile work environment 
   claim but did not file a new charge for termination; termination is a 
   discrete act that constitutes an actionable adverse action and plaintiff's 
   failure to file a new charge meant that all federal claims related to the 
   termination are beyond the scope of the EEOC charge and were properly 
   dismissed for failure to exhaust administrative remedies; with respect to 
   plaintiff's claims under the Arkansas Civil Rights Act, there were no 
   genuine issues as to whether plaintiff was still qualified to do the 
   essential job functions of his position with or without an accommodation 
   and whether he was terminated due to his disability, and the district 
   court did not err in granting the employer's motion for summary judgment; 
   with respect to plaintiff's hostile work environment claim, even if the 
   court assumes that plaintiff linked the alleged harassment to his age or 
   disability, the alleged harassment was not severe enough to support his 
   hostile work environment claim; with respect to plaintiff's ADA claim for 
   failure to accommodate his disability,the record established that he was 
   unable to perform the essential functions of his job, with or without 
   accommodation, and his claim necessarily fails; with respect to 
   plaintiff's claim for ADA retaliation, plaintiff could not show 
   "but-for"causation because he could not perform his job duties with or 
   without accommodation.