Sepulveda-Vargas v. Caribbean Restaurants, LLC, No. 16-2451 (1st Cir. 2018)Annotate this Case
Employee’s failure to accommodate claim and retaliation claim under the Americans with Disabilities Act (ADA) failed.
Employee, who was previously employed by Employer as an assistant manager of a Burger King, was attacked during the course and scope of his employment. In response to his diagnoses of post-traumatic stress disorder and major depression disorder, Employee requested that Employer provide him with a fixed work schedule and move him to a Burger King location in an area not prone to crime. When Employer did not comply, Employee brought this action alleging failure to accommodate under the ADA and hostile work environment. The district court concluded that Employee was not a qualified individual under the ADA and that the acts comprising his hostile work environment claim were insufficient to support his claim. The First Circuit affirmed, holding (1) the district court properly concluded that being able to work rotating shifts was an essential function of the assistant manager job; and (2) Employee did not demonstrate from an objective standpoint that Employer’s actions were sufficiently severe or pervasive to sustain a retaliatory work environment claim.
The court issued a subsequent related opinion or order on May 3, 2018.