Explain whether the judge should grant the motion under Rule 56(a) of the Federal Rules of Civil Procedure?

JUDGE VS. JURY ASSIGNMENT INSTRUCTIONS

Sally Semmler files a lawsuit against her employer, Discovery Software Corporation, alleging that the company discriminated against her because of her sex. Specifically, she alleges that she has not received a promotion because of her sex.

After the close of discovery, the evidence shows: (1) that females have been promoted at the same levels as males in the company and (2) that Semmler is often late to the office and has lower than average evaluations.

Discovery files a motion for summary judgment and Semmler opposes the motion. Explain whether the judge should grant the motion under Rule 56(a) of the Federal Rules of Civil Procedure?