Reynolds v. American National Red Cross, No. 11-2278 (4th Cir. 2012)
Annotate this CaseAppellant appealed the district court's award of summary judgment in favor of appellees. The district court held that appellant failed to submit sufficient evidence to meet his burden with regard to various Americans with Disabilities Act (ADA), 42 U.S.C. 12112, claims. Appellees cross-appealed on the ancillary issue of whether the number of employees of the National Red Cross and the Greenbrier Valley Chapter could be aggregated for purposes of determining "employer" status. The court held that appellant did not meet the ADA's definitions of disability and affirmed the district court with regard to appellant's primary ADA claim; appellant's retaliation claim based on appellant's lifting restriction and on his workers' compensation request both failed; and appellant did not have sufficient evidence to support his confidentiality claim. The court also held that Arbaugh v. Y&H Corp. dictated that the ADA's employee threshold was not a limit on jurisdiction but, rather, an element of the claim itself; the cross-appeal was not properly taken; and the court vacated the district court's ruling on the employee aggregation issue.
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