Dillon v. Roadway Express

129 F. App'x 893
CourtCourt of Appeals for the Fifth Circuit
DecidedApril 29, 2005
Docket04-60785
StatusUnpublished
Cited by2 cases

This text of 129 F. App'x 893 (Dillon v. Roadway Express) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dillon v. Roadway Express, 129 F. App'x 893 (5th Cir. 2005).

Opinion

PER CURIAM: *

Ed Dillon, Plaintiff-Appellant, sued his former employer for disability and racial discrimination. The district court granted summary judgment in favor of his employer. We AFFIRM.

I. BACKGROUND

A. Factual Background

In the mid-1980s, Plaintiff-Appellant Ed Dillon, an African-American male, began working for Defendant-Appellee Roadway Express, Inc. (“Roadway”) as a dockworker at a Texas facility. In the mid-1990s, Dillon transferred to Roadway’s facility in Brookhaven, Mississippi to work as a pickup and delivery driver. The Brookhaven facility is a satellite shipping terminal with three full-time drivers and one casual driv-' er. Dillon’s job involved receiving freight at the terminal, loading it onto a truck, and delivering it to customers.

On September 26, 1997, Dillon was assigned to truck number 10717. Dillon initially refused to drive the truck, complaining that exhaust fumes leaked into the truck’s cab and made him sick. After arguing with his supervisor and attempting to contact a representative from his union, Dillon finally agreed to drive the truck. Dillon made a few deliveries, but soon began suffering from headaches and nausea. He proceeded to the emergency room at Hardy Wilson Hospital in Hazelhurst, Mississippi. After being examined and given medication, Dillon was discharged from the hospital. He then completed his deliveries and returned the truck to the Brookhaven terminal.

Due to medical.problems he claims stem from being forced to drive truck number 10717, Dillon has been unable to work since September 26, 1997. Dillon was initially diagnosed as having carbon monoxide poisoning suffered as a result of the fumes leaking into the cab of truck number *895 10717. However, after extensive medical testing, Dillon’s symptoms were diagnosed as having a psychological, rather than physical, origin. His current diagnosis is post-traumatic stress disorder and environmental sensitivity syndrome due to work-related factors. Dillon claims his present symptoms include dizziness, irritability, loss of short-term memory, jitteriness, anxiety, temporary respiratory difficulties, auditory difficulties, hives, muscle weakness, and temporary paralysis. These symptoms allegedly are triggered by stress and exposure to various fumes including those from anti-freeze, diesel fuel, and overheated radiators. As a result of these symptoms, Dillon currently receives disability benefits from the United States Social Security Administration for his claimed permanent disability.

In October 1999, Dillon began consulting with Dr. Jule Miller, a psychologist, on a regular basis. By November 2000, Dr. Miller felt that Dillon's symptoms had improved sufficiently for him to attempt to return to work. On November 20, 2000, Dr. Miller wrote a letter clearing Dillon to return to work subject to two restrictions. The first restriction was that Dillon should be allowed to “leave work if his stress level gets too high, only to return when he feels it is manageable again.” The second restriction was that Dillon “continue to make his appointments with me, even if that means having to miss some work.”

Roadway sought from Dr. Miller clarification regarding his proposed accommodations. On January 22, 2001, Dr. Miller sent a second letter in which he stated that Dillon:

is not totally cured and will need some accommodations to be made. Particularly, there may be times when the stress level becomes too much for him and he will need to walk off the job for a time. This is most likely to happen during a conflict with management or from over-exposure to exhaust fumes.... He should only drive equipment [sic] that fully meets Department Of Transportation regulations, particularly in regard to exhaust fumes.

On February 15, 2001, Roadway informed Dillon that Dr. Miller’s letters represented an unacceptable return to work release. On March 12, 2001, Dr. Miller wrote a third letter in which he stated:

If Mr. Dillon is stressed too much, it is dangerous for his health and he needs to leave to prevent further psychological damage. He may only have to leave for an hour.... Or he may have to take the whole day off.... To not allow him to do this is to not provide reasonable accommodation to someone with a medical disability, which, as you know, is illegal.

On March 16, 2001, Roadway sent a letter to Dillon informing him that Dr. Miller’s proposed accommodations were not reasonable. In closing, the letter informed Dillon that he should get in contact with the company if he had “any other suggestions of how to facilitate a return.... ”

B. Procedural Background

On September 10, 2001, Dillon filed a complaint with the United States Equal Employment Opportunity Commission. Dillon received his right to sue letter on September 26, 2002. On December 26, 2002, Dillon filed suit in the United States District Court for the Southern District of Mississippi. Dillon raised three claims in his complaint, two of which are relevant here. 1 First, he alleged that in failing to grant him the accommodations outlined in Dr. Miller’s letters, Roadway violated the *896 Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq. (2000). Second, Dillon alleged that Roadway’s failure to grant him the requested accommodations was motivated by racial animus in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e et seq. (2000).

On February 17, 2004, Roadway filed a motion for summary judgment. On August 2, 2004, the district court granted Roadway’s summary judgment motion. The district court found that Dillon was not disabled within the meaning of the ADA. Further, the court found that even if Dillon were disabled, he is not otherwise qualified to return to work because Dr. Miller’s accommodations were unreasonable. Finally, as to the Title VII claim, the court found that the record contained no evidence to support Dillon’s claims of racial discrimination.

Dillon now appeals the district court’s grant of summary judgment.

II. STANDARD OF REVIEW

We review a district court’s grant of summary judgment de novo, applying the same legal standards as the district court. Fierros v. Tex. Dep’t of Health, 274 F.3d 187, 190 (5th Cir.2001). Summary judgment is appropriate if there are no genuine issues of material fact and the movant is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c); Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).

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Bluebook (online)
129 F. App'x 893, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dillon-v-roadway-express-ca5-2005.