Brown v. Smith

827 F.3d 609, 32 Am. Disabilities Cas. (BNA) 1587, 2016 U.S. App. LEXIS 11772
CourtCourt of Appeals for the Seventh Circuit
DecidedJune 28, 2016
DocketNo. 15-1114
StatusPublished
Cited by55 cases

This text of 827 F.3d 609 (Brown v. Smith) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brown v. Smith, 827 F.3d 609, 32 Am. Disabilities Cas. (BNA) 1587, 2016 U.S. App. LEXIS 11772 (7th Cir. 2016).

Opinion

WILLIAMS, Circuit Judge.

During his lengthy tenure at the City of Anderson Transit System (CATS), Plaintiff Jack Brown developed diabetes and became unable to maintain his commercial driver’s license (CDL). For nearly a decade, this development proved irrelevant— at least from an employment standpoint. However, several years after being promoted to a position that required a CDL, Brown was fired. He sued the City of Anderson and others, alleging that his termination amounted to disability discrimination since possession of a CDL was not an essential function of his job. After the City unsuccessfully moved for summary judgment, a jury sided with Brown and awarded him damages.

The City raises several arguments on appeal. Principally, it contends that the district court should have ruled as a matter of law that possession of a CDL was an essential job function. Alternatively, the City claims that the district court erred in [612]*612instructing the jury about the essential-function inquiry, and in concluding that Brown adequately mitigated his damages. We disagree. The essential-function issue is a factual question that was properly put before the jury, and the district court’s jury instructions on this issue were consistent with federal regulations and our precedent. We also conclude that Brown reasonably attempted to mitigate his damages by starting his own trailer-hauling business, despite the fact that the business ultimately failed. So we affirm the district court’s judgment.

I. BACKGROUND

Brown held several different positions during his 28-year career at CATS, and his trajectory at the company appears to have tracked the City’s shifting political winds. From 1984 to 1998, he worked as a bus driver — initially as an “extra board” (i.e., part-time) driver, then as a full-time driver. Both positions required him to possess a CDL, and he did so. He was later elevated to a dispatcher position, which did not involve driving responsibilities or require a CDL. This promotion proved fortuitous when, after developing insulin-dependent diabetes, Brown had to relinquish his CDL. Throughout this period, Brown was an active participant in the City’s Democratic Party.

In 2004, Brown was demoted to the position of mechanic’s helper — a demotion that coincided with the election of Kevin Smith, a Republican, as Mayor. Although possession of a CDL was listed in the job description, CATS granted Brown an accommodation (i.e., an exemption) whereby he could maintain the job without re-obtaining a CDL. Several years later, when Smith was defeated by a Democrat, Brown was promoted to a street-supervisor position. In this new position, Brown helped ensure that drivers left the bus garage with the requisite paperwork and with operational vehicles. Like his previous mechanic’s helper possession, possession of a CDL was listed in the street-supervisor job description. Although Brown did not obtain an explicit CDL-related accommodation for this new position, his supervisors were aware of his inability to obtain a CDL when they promoted him.

Brown worked as a street supervisor until he was fired in 2012 — shortly after Smith regained his mayoral seat. Brown’s termination notice listed his inability to “obtain CDL as required in job description” as the reason for his firing. Brown did not apply for any jobs at CATS or elsewhere in the ensuing months. Instead, he started his own business hauling trailers across the country. But after about a year in, the business failed to generate adequate revenue, and Brown began collecting Social Security disability benefits.

Brown ultimately filed suit against the City, alleging that it failed to accommodate his diabetes-related disability in violation of the Americans with Disabilities Act, and that it retaliated against him in response to his support for Smith’s Democratic opponent in violation of the First Amendment. The district court denied the City’s motion for summary judgment, concluding that a genuine factual issue existed as to whether driving a bus while possessing a CDL was an essential function for street supervisors, and whether political loyalty was a prerequisite for the supervisor position.

A jury trial ensued and at its conclusion, the jury found for Brown on the ADA claim and for the City on the First Amendment claim. Brown was awarded $25,200 by the jury in compensatory damages, and $65,274.64 by the court in lost wages, benefits, and interest. This appeal followed.

[613]*613II. ANALYSIS

The Americans with Disabilities Act prohibits employers from “discriminating] against a qualified individual on the basis of disability in regard to ... [the] discharge of employees.” 42 U.S.C. § 12112(a). Such discrimination can take the form of “not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified [employee] with a disability,” so long as such accommodation would not “impose an undue hardship on the operation of the business.” Id. § 12112(b)(5)(A). An employee is “qualified” if she “can perform the essential functions of the employment position,” with or without “reasonable accommodation.” Id. § 12111(8).

The principal dispute here concerns the “essential function” question — specifically, whether the district court should have resolved the issue (instead of the jury), and whether time spent driving a bus while possessing a CDL is a relevant factor. The parties also dispute whether Brown had adequately mitigated his damages while operating his trailer-hauling business.

A. “Essential Function” Issue Was Factual Question for Jury

The City contends that the district court should have entered summary judgment in its favor on Brown’s ADA claim. Specifically, it insists that the essential-function inquiry was a question of law for the district court (and not the jury), since the job description for Brown’s street-supervisor position “establishes — as a matter of law— that the City considers the CDL requirement to be an essential job function.” We disagree.

The essential-function inquiry is a factual question, not a question of law. As Brown notes, a “question of law” typically concerns “the meaning of a statutory or constitutional provision, regulation, or common law doctrine rather than ... whether the party opposing summary judgment had raised a genuine issue of material fact.” Ahrenholz v. Bd. of Trustees of Univ. of Ill., 219 F.3d 674, 676-77 (7th Cir. 2000) (involving interlocutory appeals); see also, e.g., Ortiz v. Jordan, 562 U.S. 180, 190, 131 S.Ct. 884, 178 L.Ed.2d 703 (2011) (observing that pure questions of law “typically involve contests not about what occurred, or why an action was taken or omitted, but disputes about the substance and clarity of pre-existing law”); Houskins v. Sheahan, 549 F.3d 480, 489 (7th Cir. 2008) (“While we owe deference to the jury’s resolution of the contested factual issues, the determination of whether speech is constitutionally protected is a question of law for the court.”). Our recent decision in Shell v. Smith, 789 F.3d 715 (7th Cir. 2015) — a case with nearly identical facts — illustrates this point.

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827 F.3d 609, 32 Am. Disabilities Cas. (BNA) 1587, 2016 U.S. App. LEXIS 11772, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-smith-ca7-2016.