Gary Baert v. Euclid Beverage, Limited

149 F.3d 626, 1998 WL 381442
CourtCourt of Appeals for the Seventh Circuit
DecidedAugust 10, 1998
Docket97-1474
StatusPublished
Cited by98 cases

This text of 149 F.3d 626 (Gary Baert v. Euclid Beverage, Limited) 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
Gary Baert v. Euclid Beverage, Limited, 149 F.3d 626, 1998 WL 381442 (7th Cir. 1998).

Opinion

ILANA DIAMOND ROVNER, Circuit Judge.

Gary Baert, a truck driver who lost his job when he was diagnosed with insulin-dependent diabetes, sued his employer under the Americans With Disabilities Act for fading to reasonably accommodate him. The district court granted summary judgment in favor of the defendant, finding that Baert was not a “qualified individual” as defined by the ADA. Although we agree that Baert was no longer qualified for his job as a truck driver due to federal and state laws which prohibited him from holding a commercial driver’s license, we reverse because he may have been a qualified individual with respect to other positions which the employer could have offered as a reasonable accommodation.

I.

Gary Baert was a Route Driver Salesman for Euclid Beverage, Ltd, at the time he was diagnosed with insulin-dependent diabetes. 1 In that position, Baert drove a 32-ton truck to deliver beer to retail customers. Federal and state regulations required Baert to hold a commercial driver’s license in order to drive a truck of that size, but after his diagnosis, those same regulations prohibited him from holding the necessary license. See 49 C.F.R. §§ 383.5, 383.23, 383.71; see also 49 C.F.R. § 391.41 (“[a] person is physically qualified to drive a commercial motor vehicle if that person ... [h]as no established medical history or clinical diagnosis of diabetes mellitus currently requiring insulin for control”); 625 ILCS 5/18b-105(b)(c)(7) (adopting federal regulation 49 C.F.R § 391.41 in whole, with an exception for certain intrastate drivers who were insulin-dependent diabetics before the federal regulation went into effect in 1986). In January 1993, shortly after his diagnosis, Euclid -placed Baert on medical leave status. After one year of leave, Euclid terminated Baert and offered him a job as a Warehouseman at a substantially reduced salary and with a loss of seniority. 2 Baert responded to the offer by suing Euclid under the Americans With Disabilities Act for discrimination and for failing to reasonably accommodate his disability. 3

Euclid moved for summary judgment and the district court granted the motion. Baert v. Euclid Beverage Ltd., 954 F.Supp. 170 (N.D.Ill.1997). The district court found that Baert was not a “qualified individual” as defined by the ADA because federal and state law prohibited him from holding a commercial driver’s license, a necessary prerequisite to the job of Driver. The court also determined that, even assuming Baert was disabled, Euclid fulfilled its obligation to reasonably accommodate Baert by offering him the Warehouseman position at the end of his year of medical leave. The court rejected Baert’s claim that the company should have accommodated him by offering him the position of Helper or Warehouseman much earlier, which would have allowed him to retain *629 his seniority. 4

II.

We review de novo the district court’s grant of summary judgment. Beck v. University of Wisconsin Bd. of Regents, 75 F.3d 1130, 1134 (7th Cir.1996). We construe all of the evidence presented and the reasonable inferences that can be drawn from that evidence in a light most favorable to Baert, the party opposing summary judgment. Id. Baert alleges that Euclid failed to reasonably accommodate his disability, and instead terminated him in violation of the ADA. To overcome Euclid’s bid for summary judgment, Baert must show that there is a genuine issue of material fact with respect to whether he is disabled, whether he is a qualified individual, and whether Euclid faded to reasonably accommodate him. Bultemeyer, 100 F.3d at 1283. Because he agrees that he was no longer qualified to perform the essential duties of the Driver position, Baert must raise a genuine issue of material fact regarding whether Euclid was obliged to offer him another position, and whether he was responsible for the breakdown of the interactive process with Euclid to determine a reasonable accommodation.

A.

The district court declined to decide whether Baert had come forward with enough evidence to overcome summary judgment on the issue of whether he is disabled, instead finding that he was not a “qualified individual” under the ADA Because we find that Baert has raised genuine issues of material fact regarding whether he was a qualified individual, we must also resolve whether he is disabled for the purposes of the ADA. The ADA defines the term “disability” as (a) a physical or mental impairment that substantially limits one or more of the major life activities of an individual; (b) a record of such an impairment; or (e) being regarded as having such an impairment. 42 U.S.C. § 12102(2). Baert’s claimed disability is insulin-dependent diabetes, which was diagnosed in January 1993 when he became ill and was hospitalized. He was also- diagnosed with pancreatitis at that time. He purports to qualify as an individual with a disability under parts (a) and (c) of the statutory definition cited above. Euclid contends that Baert provided insufficient evidence of a disability because the record does not show that Baert’s impairment substantially limits a major life activity. Euclid focuses on the effect of Baert’s diabetes on his ability to work. Euclid believes it is determinative that Baert has stated that he is perfectly healthy and that his diabetes does not affect his day-today activities.

Euclid misapprehends the nature of the disability analysis. We determine whether a condition constitutes an impairment, and the extent to which the impairment limits an individual’s major life activities, without regard to the availability of mitigating measures such as medicines, or assistive or prosthetic devices. Roth v. Lutheran General Hospital, 57 F.3d 1446, 1454 (7th Cir.1995). See also Arnold v. United Parcel Service, 136 F.3d 854, 861 and 863-64 (1st Cir.1998) (evaluation of an impairment and whether that impairment substantially affects major life activities should be made without regard to mitigating measures such as medicines or assistive or prosthetic devices); Matczak v. Frankford Candy and Chocolate Co., 136 F.3d 933, 937 (3rd Cir.1997) (same); Doane v. City of Omaha, 115 F.3d 624

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Bluebook (online)
149 F.3d 626, 1998 WL 381442, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gary-baert-v-euclid-beverage-limited-ca7-1998.