Withers v. Johnson, et al., No. 13-2646 (8th Cir. 2014)Annotate this Case
Plaintiff filed suit against defendant, individually and in his official capacity as a circuit judge, alleging violations of the Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et seq., the Rehabilitation Act, 29 U.S.C. 701 et seq., and the Family Medical Leave Act (FMLA), 29 U.S.C. 2601 et seq, as well as statutory violations. Plaintiff contended that defendant unlawfully discriminated against him on the basis of a disability, his back injury, by terminating him and by failing to accommodate his disability, and retaliated against him for requesting an accommodation. The court concluded that no genuine issue of material fact exists for trial regarding whether defendant discriminated against plaintiff on the basis of his disability; the record demonstrated that defendant accommodated all of plaintiff's known limitations during the period of his employment at issue; and defendant did not violate the ADA and the Rehabilitation Act by retaliating against him for requesting accommodation for his disability where plaintiff failed to establish a genuine issue for trial regarding a causal connection; and plaintiff failed to make a submissible case of interference with his FMLA rights. Accordingly, the court affirmed the judgment of the district court.
Court Description: Civil case - Employment discrimination. Plaintiff failed to establish he was discriminated against on the basis of his disability, and the district court did not err in granting defendant summary judgment on the claim; the record showed defendant accommodated all of plaintiff's known limitations and his failure-to-accommodate claim was properly rejected; plaintiff failed to establish a causal connection between the assertion of rights under the ADA and his termination and his retaliation claim failed; plaintiff failed to make a submissible case of interference with his FMLA rights.