USCA4 Appeal: 24-1207 Doc: 59 Filed: 05/30/2025 Pg: 1 of 18
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 24-1207
SHARISE PARKER,
Plaintiff – Appellant,
v.
CHILDREN’S NATIONAL MEDICAL CENTER, INC.,
Defendant – Appellee.
------------------------------
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Amicus Supporting Appellant.
Appeal from the United States District Court for the District of Maryland, at Baltimore. Julie R. Rubin, District Judge. (1:20-cv-03523-JRR)
Argued: March 20, 2025 Decided: May 30, 2025
Before NIEMEYER, AGEE, and THACKER, Circuit Judges.
Affirmed by unpublished per curiam opinion.
ARGUED: David Manuel Baña, LAW OFFICE OF DAVID BAÑA, ESQ., Baltimore, Maryland, for Appellant. Jeffrey Thomas Johnson, NELSON MULLINS RILEY & USCA4 Appeal: 24-1207 Doc: 59 Filed: 05/30/2025 Pg: 2 of 18
SCARBOROUGH, LLP, Baltimore, Maryland, for Appellee. James M. Tucker, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Washington, D.C., for Amicus Curiae. ON BRIEF: Tonya Baña, TONYA BAÑA LLC, Baltimore, Maryland, for Appellant. Kraig B. Long, Mary C. Biscoe-Hall, NELSON MULLINS RILEY & SCARBOROUGH, LLP, Baltimore, Maryland, for Appellee. Karla Gilbride, General Counsel, Jennifer S. Goldstein, Associate General Counsel, Elizabeth E. Theran, Assistant General Counsel, Office of General Counsel, EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Washington, D.C., for Amicus Curiae.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Sharise Parker appeals from the district court’s grant of summary judgment to her
former employer, Children’s National Medical Center, Inc., on her claims alleging
pregnancy discrimination, retaliation, and failure to accommodate under federal law. For
the reasons set forth below, we affirm the district court’s judgment.
I.
In September 2018, Parker began work as a training specialist for Children’s
National in Silver Spring, Maryland. Her immediate supervisor was Itina Viaud. Per the
Introductory Period Performance Evaluation Policy, Children’s National hired Parker
subject to a six-month introductory period during which her performance would be under
review before determining whether to hire her as a regular employee. During this
probationary period, Parker was subject to certain limitations that regular employees were
not and she was exempted from certain rights vested in regular employees.
As a training specialist, Parker coordinated and led orientation and training
programs for new and existing employees. Many of those programs culminated in
competency testing, which she was to facilitate. In addition, she prepared regular
newsletters to distribute to Children’s National employees and compiled data about
employee assessments into reports.
The record is replete with emails documenting Parker and Viaud’s communications
throughout her employment, which spanned September 2018 to February 2019. In some,
Viaud is congratulatory and enthusiastic about Parker’s performance. In many others,
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Viaud expressed frustration with Parker missing deadlines, requiring multiple
opportunities to fix work she’d already been told to correct, and otherwise not
communicating or performing in line with expectations.
In the second month of her employment, Parker learned that she was pregnant, and
she informed Viaud shortly before Thanksgiving. On December 2, Parker experienced
vaginal bleeding and, fearing a first-trimester miscarriage, sought emergency care. The
bleeding turned out to be a burst uterine fibroid. Parker was told to maintain bed rest
through December 5 and to seek follow-up care from her regular physician. When Parker
returned home from the hospital on December 3 to begin her bed rest, she nonetheless
participated in a work call and performed a few hours of work. But Viaud soon told her not
to work further during this period, noting that she was supposed to be on bed rest. Parker
returned to work without restrictions on December 6.
In mid-January, Parker’s doctor advised her that she had additional uterine fibroids
that were at risk of bursting during the course of her pregnancy. This condition added a
second basis for Parker’s pregnancy being deemed high risk (the first being her age). The
doctor advised Parker to work no more than eight hours a day for the remainder of her
pregnancy and provided her with a note to share with her employer to that effect.
It’s disputed whether Parker informed Viaud of this eight-hour workday or provided
any explanation about why she had been given this restriction, but for purposes of assessing
the appropriateness of summary judgment in Children’s National’s favor, we accept as true
Parker’s recollection that she did so. Parker stated during her deposition that by the end of
January, her schedule was “becoming too much,” so sometime between January 22 and
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January 28, she telephoned Viaud to relay that her doctor “gave me a note” saying that “I
can only work the eight hours” J.A. 453. According to Parker, Viaud responded, “you’re a
salaried employee” and “expected to work more than eight hours” when necessary to
complete work on time. J.A. 453; see also J.A. 364 (“In response, Viaud said that it didn’t
matter if Parker was pregnant because she was still a salaried employee and her pregnancy
was ‘no excuse.’”). At her deposition, Viaud did not recall this conversation.
On January 29, Viaud emailed Senior Human Resources Business Partner Efstratios
Gonithellis to follow up on a prior telephone conversation regarding terminating Parker’s
employment “before her probation ends in March.” J.A. 546. Viaud noted that Gonithellis
“wanted to check to make sure [that] there were no loop holes due to the fact that she is
pregnant,” and Viaud “wanted to follow up” “as to protocol to initiate and complete this
process.” J.A. 546. Gonithellis confirmed, “there are no issues regarding a potential
termination stemming from the fact that she is pregnant, provided that you as manager have
documented and counselled regarding the performance concerns appropriately.” J.A. 545.
Gonithellis provided Viaud the paperwork to proceed with Parker’s termination and Viaud
submitted the formal Recommendation for Termination form, which listed March 15 (the
end of Parker’s probationary period) as the proposed date for terminating Parker’s
employment. Further, the form provided an overview of numerous examples of how
Parker, in Viaud’s estimation, failed to complete adequate work on time, exercise good
judgment in managing job demands, or adequately improve her performance despite
multiple interventions. In response, Gonithellis asked Viaud why, given Parker’s failure to
meet performance expectations, she would keep Parker on staff for the remaining six weeks
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of her introductory period. Viaud replied that Parker “posed no immediate and urgent risk,”
so she had originally requested the March date, but that she was amenable to terminating
Parker’s employment earlier. J.A. 543. In early February, Gonithellis and another
individual at Children’s National completed their assessment of the documentation Viaud
provided and approved her recommendation to terminate Parker’s employment, effective
March 1.
Unaware of those events, on February 22, Parker submitted a formal request for a
pregnancy-related workplace accommodation, including her doctor’s note as part of her
paperwork. Children’s National’s third-party administrator handled the request. It
informed her that because she was in an introductory period of employment, she was not
eligible for certain benefits, but that she was eligible to apply for an accommodation under
the Americans with Disabilities Act (ADA). The third-party administrator told her to
submit a medical assessment to complete her request by March 15. Viaud learned of
Parker’s formal accommodation request the same day she made it.
At the end of the workday on February 28, Viaud informed Parker that her
employment was being terminated, effective immediately. Parker’s termination letter
stated that her “work performance is not at a level consistent with the requirements of [her]
job description.” J.A. 666.
Parker later filed a complaint, subsequently amended, against Children’s National
in the U.S. District Court for the District of Maryland asserting the following claims: (1)
sex discrimination, in violation of Title VII, as amended by the Pregnancy Discrimination
Act (PDA); (2) pregnancy-related disability retaliation, in violation of the ADA; (3) failure
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to accommodate under the ADA, as amended by the ADA Amendments Act of 2008
(ADAAA); and (4) corresponding state law claims. Because the analysis of the state law
claims overlaps in all relevant respects for this appeal with the federal claims, we will not
address them separately. 1
Following discovery, Children’s National moved for summary judgment, which the
district court granted. Parker v. Children’s Nat’l Med. Center, Inc., No. 1:20-cv-03523-
JRR, 2024 WL 943438, at *1 (D. Md. March 4, 2024). In so doing, the court engaged in
an extensive discussion of each claim and the record before reaching its conclusion, often
providing more than one ground for denying a single claim. See id. at *5–31.
Parker noted a timely appeal, and we have jurisdiction under 28 U.S.C. § 1291.
II.
The Court reviews de novo the district court’s grant of summary judgment. Higgins
v. E.I. DuPont de Nemours & Co., 863 F.2d 1162, 1167 (4th Cir. 1988). Summary
judgment is appropriate only if there are no material facts in dispute and the moving party
is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(a). In undertaking this review,
the Court is to view the facts in the light most favorable to the non-moving party, here,
Parker, and draw all reasonable inferences in her favor. W.C. Eng., Inc. v. Rummel, Klepper
1 Parker also brought a retaliation claim under Title VII, but the district court granted Children’s National’s motion to dismiss that claim under Federal Rule of Civil Procedure 12(b)(6). See Parker v. Children’s Nat’l Med. Ctr., Inc., No. ELH-20-cv-3523, 2021 WL 5840949, at *21–23 (D. Md. Dec. 9, 2021). Parker did not challenge that decision, so it is not before us on appeal.
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& Kahl, LLP, 934 F.3d 398, 402–03 (4th Cir. 2019) (quoting Certain Underwriters at
Lloyd’s, London v. Cohen, 785 F.3d 886, 889 (4th Cir. 2015)).
A.
Parker elected to prove her discrimination and retaliation claims by using the
McDonnell Douglas 2 burden-shifting framework, which unfolds in three steps.
First, a plaintiff must put forth her prima facie case. In a discrimination case, that
means she must show that: (1) she is a member of a protected class; (2) she suffered an
adverse employment action; (3) at the time of the adverse action, she was performing at a
level that met her employer’s legitimate job expectations; and (4) “ordinarily,” that her
position was filled by a similarly qualified applicant outside the protected class, though in
other “limited situations,” that she otherwise came forward with proof “eliminat[ing] an
inference of non-discrimination.” Miles v. Dell, Inc., 429 F.3d 480, 485, 487–89 (4th Cir.
2005). In a retaliation case, a prima facie case requires showing: (1) she engaged in
protected activity, (2) she suffered an adverse employment action; and (3) causation. Foster
v. Univ. of Md.-E. Shore, 787 F.3d 243, 250 (4th Cir. 2015).
Second, the burden of production then shifts to the employer to articulate a
legitimate, non-discriminatory reason for its challenged action. Hill v. Lockheed Martin
Logistics Mgmt. Inc., 54 F.3d 277, 285 (4th Cir. 2004) (en banc), overruled in part on other
grounds by Gross v. FBL Fin. Servs., Inc., 557 U.S. 167 (2009) (Title VII discrimination).
2 McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973).
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Third, the burden of production “shifts back to the plaintiff to prove by a
preponderance of the evidence that the employer’s stated reasons were not its true reasons,
but were a pretext for discrimination.” Id. (internal quotation marks and citation omitted).
Critically, however, the plaintiff always bears the “ultimate burden of establishing that the
defendant discriminated against her ‘because of’ her [protected status or activity].”
DeJarnette v. Corning Inc., 133 F.3d 293, 297 (4th Cir. 1998). It is for that reason that the
final stage of the McDonnell Douglas framework has also been described as the point at
which its “presumptions and burdens . . . disappear, and the sole remaining issue is
discrimination vel non.” Hill, 354 F.3d at 285 (cleaned up); accord Mackey v. Shalala, 360
F.3d 463, 469 (4th Cir. 2004) (“Under the McDonnell Douglas framework, in order to
survive a motion for summary judgment, the plaintiff must have developed some evidence
on which a juror could reasonably base a finding that discrimination [or retaliation]
motivated the challenged employment action.”).
In granting summary judgment to Children’s National, the district court made
various adverse rulings related to aspects of Parker’s prima facie Title VII/PDA
discrimination and ADA/ADAAA retaliation claims. Parker challenges those decisions on
a number of grounds. Having reviewed the record, though, we determine that we need
address only one of those arguments because, even assuming that Parker successfully
carried her burden of showing a prima facie claim, she did not come forward with evidence
suggesting that Children’s National’s legitimate, non-discriminatory and non-retaliatory
grounds for terminating her employment were pretextual. As such, her claims cannot
survive summary judgment.
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In arguing otherwise, Parker lodges two attacks on the district court’s pretext
analysis. First, she asserts the district court improperly applied a pretext-plus standard that
the Supreme Court has disavowed. Second, she contends the district court improperly
viewed the evidence in the light most favorable to Children’s National and ignored certain
other evidence suggestive of pretext. Parker maintains that the record, when viewed under
the proper standards, is sufficient for a factfinder to conclude that Children’s National’s
proffered reasons for terminating her employment were pretext for discrimination and
retaliation.
We disagree with Parker. The district court did not hold Parker to a “pretext-plus”
standard and it applied the proper legal standard in its pretext analysis. This Court and
others had at one time adhered to a “pretext-plus” standard that the Supreme Court
“abrogated” in Reeves v. Sanderson Plumbing Products, Inc., 530 U.S. 133 (2000). Under
the former pretext-plus test, “an employee could never demonstrate pretext . . . solely by
undermining an employer’s proffered explanation. Instead, [it required] that an employee
introduce new evidence, separate from her prima facie case, that not only undercut the
employer’s justification but also showed a specific and discriminatory motive.”
Westmoreland v. TWC Admin. LLC, 924 F.3d 718, 727 (4th Cir. 2019) (internal citations
omitted) (first emphasis added). But in Reeves, the Supreme Court rejected the pretext-plus
approach to the extent it precluded an employee from ever relying on falsity as a basis for
establishing pretext. In doing so, it recognized that “[p]roof that the defendant’s
explanation is unworthy of credence is simply one form of circumstantial evidence that is
probative of intentional discrimination,” and that proof of falsity may well permit a
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factfinder to infer a discriminatory purpose or leave discrimination as “the most likely
alternative explanation.” Id. at 147. The Court observed that, for these reasons, “a
plaintiff’s prima facie case, combined with sufficient evidence to find that the employer’s
asserted justification is false, may permit the trier of fact to conclude that the employer
unlawfully discriminated.” Id. at 148. Yet the Supreme Court was quick to note that “[t]his
is not to say that such a showing [i.e., proof of falsity] will always be adequate to sustain a
jury’s finding of liability,” as “there will be instances where, although the plaintiff has
established a prima facie case and set forth sufficient evidence to reject the defendant’s
explanation, no rational factfinder could conclude that the action was discriminatory.” Id.
Since Reeves, we have described the final step of McDonnell Douglas at the
summary judgment stage to shift the burden back to the plaintiff “to produce evidence
sufficient to create a material issue of fact as to whether [the employer’s] alleged reason
for firing her was not its true reason, but rather a pretext for discrimination.” Wannamaker-
Amos v. Purem Novi, Inc., 126 F.4th 244, 257 (4th Cir. 2025). We observed that, under
Reeves, a plaintiff can establish pretext in one of two ways: (1) by “offering evidence that
the employer’s justification is unworthy of credence,” or (2) by “adducing other forms of
circumstantial evidence sufficiently probative of discrimination.” Id. (cleaned up).
Applying these principles here, we find that the district court did not hold Parker to
a pretext-plus standard and that it properly found that Parker’s evidence did not satisfy her
burden of production to survive summary judgment. As for how it approached the pretext
inquiry, the district court discussed Reeves and cases applying Reeves at length, distilling
from them that pretext could be demonstrated by showing that the employer’s legitimate
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reason was either “unworthy of credence” or “false.” See Parker, 2024 WL 943438, at
*28–31. It then correctly identified as “[t]he precise issue” before it as “whether, based on
the record before the court, there is evidence from which a factfinder could conclude that
[Children’s National’s] asserted justification is false, and that the alleged form of
discrimination was the real reason.” Id. at *29 (cleaned up); see, e.g., Foster, 787 F.3d at
252 (observing, in the context of retaliation, that to carry her burden on pretext, “a plaintiff
must establish both that the employer’s reason was false and that retaliation was the real
reason for the challenged conduct” (cleaned up)). That is nearly identical to how Reeves
described the pretext inquiry: “[I]t is not enough to disbelieve the employer; the factfinder
must believe the plaintiff’s explanation of intentional discrimination.” 530 U.S. at 147
(cleaned up); accord Lashley v. Spartanburg Methodist Coll., 66 F.4th 168, 176 (4th Cir.
2023) (rejecting plaintiff’s argument that the district court improperly held her to a pretext-
plus standard when it required her to prove “that the legitimate reasons offered by the
defendant were not its true reasons, but were a pretext” because doing so did not impose
any additional—i.e., “plus”—burden (cleaned up)).
To no small extent, Parker’s arguments overlook that it remained her burden
throughout to come forward with proof that Children’s National discriminated or retaliated
against her when it terminated her employment, even if the precise framework in which
she did so was the pretext stage of the McDonnell Douglas inquiry. The district court did
not require her to come forward with more evidence of discrimination, but rather
appropriately looked at the totality of the record for proof of “discrimination vel non.” Hill,
54 F.3d at 285 (cleaned up); accord Reeves, 530 U.S. at 147–48.
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Having concluded that the district court applied the proper pretext analysis to
Parker’s claim, we turn to the substance of its analysis. There, too, we discern no error. The
district court first observed that Children’s National had produced “strong evidence that
[Parker] was terminated due to her poor performance.” Parker, 2024 WL 943438, at *30.
For example, the court recounted at some length from Viaud’s deposition testimony
describing the performance issues that ultimately led her to recommend Parker’s
termination of employment. Among other things, Viaud cited Parker’s failure to meet
deadlines, submission of incomplete and inadequate work “that required multiple redos,”
and general inattention to details, all of which led Viaud to have to put in significant time
correcting and following up with Parker. Id. at *27–28. The totality of the record led the
district court to conclude that Parker offered scant evidence or argument to suggest that
anything but her performance led to the termination of her employment. See id. at *30–31.
Parker resists this conclusion, pointing to several items in the record she contends
satisfy her burden of showing that Children’s National’s stated reasons were not its true
reasons. Having reviewed the record, we disagree that any of the materials on which Parker
relies, individually or collectively, undermine the district court’s conclusion. As we have
said time and again, a plaintiff may create a question of fact as to pretext by coming forward
with circumstantial evidence such as “that an employer’s proffered nondiscriminatory
reasons for the termination are inconsistent over time, false, or based on mistakes of fact.”
Sempowich v. Tactile Sys. Tech., Inc., 19 F.4th 643, 652 (4th Cir. 2021) (cleaned up). But
a plaintiff does not create a question of fact precluding summary judgment “by focusing
on minor discrepancies that do not cast doubt on [an employer’s] explanation’s validity, or
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by raising points that are wholly irrelevant to” this determination. Hux v. City of Newport
News, 451 F.3d 311, 315 (4th Cir. 2006). Notwithstanding this general observation, a
handful of Parker’s arguments warrant further explanation.
Parker relies on a purported inconsistency in terminating her employment for poor
performance based on Viaud’s initial proposal that Parker be retained through the end of
her introductory period. But an email exchange regarding the timing of Parker’s
termination of employment does not suggest any contradiction in the record about the
reason for that decision. Viaud consistently explained to Gonithellis that she wished to
terminate Parker’s employment for failure to meet performance expectations. Moreover,
her first email following up on a telephone call between the two referred to terminating
Parker’s employment “before her probation ends in March,” J.A. 546 (emphasis added),
which is entirely consistent with what unfolded. Although Viaud later filled out paperwork
suggesting a termination date of March 15, when questioned about such a delayed date, she
explained that she had chosen that date because it was the end of Parker’s probationary
period and Parker “posed no immediate and urgent risk to the organization.” J.A. 543. Even
viewed in the light most favorable to Parker, the email exchange does not call into question
why Viaud approached Gonithellis about terminating Parker’s employment or raise a
reasonable inference of pretext.
Parker also points to Viaud’s use of the phrase “loop holes due to the fact that
[Parker] is pregnant” when asking Gonithellis for “final confirmation that [she could]
proceed with termination before [Parker’s] probation ends in March.” J.A. 546; see J.A.
546 (“You wanted to check to make sure if there were no loop holes due to the fact that
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she is pregnant.”). Describing this term as “derogatory” when applied to “federal
workplace rights,” Parker maintains that a “jury could interpret it as [Children’s National]
attempting to find a way around these rights to terminate [her] employment due to her
pregnancy.” Opening Br. 58. Even viewed in the light most favorable to Parker, this
exchange does not support that interpretation. Gonithellis stated during his deposition that
he interpreted Viaud’s use of this phrase simply to inquire if there were “any concerns due
to the fact that” Parker was pregnant, while acknowledging that “there could have been a
better choice of words.” J.A. 646–47. And he responded to Viaud’s email consistent with
that view, by confirming that “there are no issues regarding a potential termination
stemming from the fact that [Parker] is pregnant, provided that you as manager have
documented and counselled regarding the performance concerns appropriately.” J.A. 545.
That is an accurate statement of the law, which forbids discrimination on account of
pregnancy, but does not preclude a pregnant individual from having their employment
terminated for any legitimate, non-discriminatory reason.
Next, Parker contends that she has adequately suggested pretext because Children’s
National failed to follow its Corrective Action Policy before terminating her employment.
That policy “established general guidelines . . . for managers to use when counseling and
disciplining employees,” J.A. 671, which included steps providing notice and the
opportunity to take corrective action before termination of employment. But the undisputed
record evidence shows that the Corrective Action Policy did not apply during an
employee’s introductory period, so it did not apply to Parker. Any alleged deviation from
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it would thus be irrelevant to the pretext inquiry. See Hux, 451 F.3d at 315 (observing that
a plaintiff cannot demonstrate pretext “by raising points that are wholly irrelevant to it”). 3
In sum, the record does not paint the picture Parker sees. Instead, as the district court
concluded, the record shows that weeks before Parker announced her pregnancy and
continuing through the decision to terminate her employment, Viaud repeatedly had to
clarify expectations, provide Parker multiple opportunities to complete work as already
instructed, and counsel her about juggling deadlines and providing timely and accurate
work product. That need for additional oversight led to multiple interventions, including
“weekly debriefs” to track Parker’s performance and deadline compliance in an attempt to
bring her employment up to expectations. J.A. 582. And Parker has not shown that this
legitimate, non-discriminatory ground for terminating her employment was pretext for
pregnancy discrimination or retaliation. Accordingly, we affirm the district court’s grant
of summary judgment on Parker’s Title VII/PDA discrimination claim and her ADA
retaliation claim.
3 Of final note, Parker asserts that a factfinder could determine Children’s National’s reasons were pretextual based on the temporal proximity between her request for an accommodation to work only eight hours a day and Viaud’s decision to contact Gonithellis about terminating her employment. But we have previously noted that temporal proximity alone “generally cannot defeat summary judgment once an employer has offered a convincing, nonretaliatory explanation” for its challenged conduct. S.B. ex rel. A.L. v. Bd. Educ. of Harford Cnty., 819 F.3d 69, 79 (4th Cir. 2016); see also Wannamaker-Amos, 126 F.4th at 260 (holding that proximity, in combination with other factors, can be circumstantial evidence of pretext). 16 USCA4 Appeal: 24-1207 Doc: 59 Filed: 05/30/2025 Pg: 17 of 18
B.
Parker also asserted an ADA failure-to-accommodate claim, which does not have
pretext as part of its analysis, and so is not resolved by the above discussion. See Perdue v.
Sanofi U.S., LLC, 999 F.3d 954, 959 n.2 (4th Cir. 2021). “To show an employer’s failure
to accommodate, the plaintiff must prove: (1) that she had a disability within the statutory
meaning; (2) that the employer knew of her disability; (3) that a reasonable accommodation
would permit her to perform the essential functions of the position; and (4) that the
employer refused to make the accommodation.” Id. at 959.
The district court relied on three grounds to deny this claim. It addressed principally
why it concluded that Parker was not an individual with a disability, as that term is defined
by the ADA and ADAAA. It also observed:
Even were the court to conclude that [Parker] was disabled within the meaning of the ADA, [she] fail[ed] to provide evidence that ‘with reasonable accommodation [s]he could perform the essential functions of the position.’ Additionally, [Children’s National] argues that [Parker] cannot establish a prima facie case of failure to accommodate because [it] in fact did all that it was legally obligated to do with respect to [Parker’s] request for accommodations. The court agrees.
Parker, 2024 WL 943438, at *19 n.9 (internal citations omitted).
Parker’s brief challenges only the first of these three grounds the district court relied
on to reject her claim. She argues that she came forward with evidence of a disability as
that term is defined by the ADA, and as it has been modified by the ADAAA, and that the
district court failed to properly consider that evidence under the more relaxed definitions
of a disability set out under the ADAAA. See Summers v. Altarum Inst., Corp., 740 F.3d
325, 328–29 (4th Cir. 2014) (describing the statutory differences). Even so, Parker raises
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no arguments relating to the district court’s two alternative grounds for granting Children’s
National judgment on this claim, i.e., that an accommodation would permit her to perform
the essential functions of her job or that Children’s National refused a valid request for an
accommodation. By failing to address these alternate grounds in her opening brief, Parker
has abandoned any challenge to them on appeal. Mayfield v. Nat’l Ass’n for Stock Car Auto
Racing, Inc., 674 F.3d 369, 377 (4th Cir. 2012) (“A party’s failure to raise or discuss an
issue in his brief is to be deemed an abandonment of that issue.”); see also Brown v. Nucor
Corp., 785 F.3d 895, 918 (4th Cir. 2015) (“Failure of a party in its opening brief to
challenge an alternate ground for a district court’s ruling . . . waives that challenge.”
(quotation marks and citation omitted)). Parker’s failure to challenge the alternate grounds
that the district court relied on to grant Children’s National summary judgment means that
it does not matter whether we agree with her that the district court erred as to the disability
element of her claim: she would still not be entitled to vacatur and remand of this claim.
Accordingly, we do not address the disability element and we affirm the district court’s
grant of summary judgment on Parker’s failure-to-accommodate claim.
III.
For the aforementioned reasons, we affirm the judgment of the district court in favor
of Children’s National.
AFFIRMED