Hayes v. United Parcel Service, Inc.

17 F. App'x 317
CourtCourt of Appeals for the Sixth Circuit
DecidedAugust 20, 2001
DocketNo. 00-5296
StatusPublished
Cited by3 cases

This text of 17 F. App'x 317 (Hayes v. United Parcel Service, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hayes v. United Parcel Service, Inc., 17 F. App'x 317 (6th Cir. 2001).

Opinion

PER CURIAM.

Plaintiff-Appellant Frank Hayes appeals the district court’s order granting summary judgment in favor of Defendant-Ap-pellee United Parcel Service, Inc. (“UPS”) on Hayes’ Americans with Disabilities Act (“ADA”) claim. 42 U.S.C. § 12101 et seq. We conclude that the plaintiff offered sufficient evidence to raise a genuine issue of material fact concerning whether he was disabled as defined by the ADA. However, because the district court did not address the other elements of plaintiffs claim, and we decline to do so in the first instance, we remand to the district court for further consideration of the motion.

I.

Hayes sustained a back injury in October of 1994 while he was working for UPS as a feeder driver. Dr. Paul Broadstone, who diagnosed Hayes with a herniated disc, told Hayes that it might heal over time but that 100% recovery was unlikely. In December of 1994, Dr. Broadstone released Hayes to work, with the following medical work restrictions: Hayes needed to change positions frequently, refrain from sitting for more than one hour at a time, refrain from repetitive bending, and lift no more than 15 pounds. (J.A. at 163; 273.) At this point, Hayes called the manager of the UPS feeder center and requested reassignment to a position he could perform consistent with his restrictions, but the manager told him that he would have to be 100% before he could return to work. (J.A. at 175.)

[319]*319Hayes participated in a work hardening program from January to May 1995. (J.A. at 347.) During the program, his physical abilities were regularly evaluated. His sitting ability was consistently measured at 20 or 25 minutes. After completing the program, his lifting restriction was increased to 35 pounds. The center in which the program was based recommended that Hayes be given light work, but UPS refused.

Hayes and the union that represented him requested on multiple occasions that UPS provide him with work that was consistent with his physical capabilities.1 However, Hayes’ pay and benefits were terminated on January 25, 1996. In March of 1999, Hayes’ lifting restrictions were increased to 50 pounds, and on May 2, 1999, Hayes was finally reinstated by UPS in the part-time position of car washer.

II.

We review the district court’s order granting summary judgment on a de novo basis. See Terry Barr Sales Agency, Inc. v. All-Lock Co., Inc., 96 F.3d 174, 178 (6th Cir.1996). Therefore, the district court’s order should only be affirmed if “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” FED R. CIV. P. 56(c). In deciding a summary judgment motion, “the inferences to be drawn from the underlying facts ... must be viewed in the light most favorable to the party opposing the motion.” See Mat-sushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986) (quoting United States v. Diebold, Inc., 369 U.S. 654, 655, 82 S.Ct. 993, 8 L.Ed.2d 176 (1962)). However, “[t]he mere existence of a scintilla of evidence to support the plaintiffs position will be insufficient; there must be evidence on which the jury could reasonably find for the plaintiff.” Copeland v. Machulis, 57 F.3d 476, 479 (6th Cir.1995) (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986)).

III.

The ADA covers all private employers with fifteen or more employees and provides that

No covered entity shall discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.

42 U.S.C. § 12112(a). “The term ‘discriminate’ includes ‘not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless such covered entity can demonstrate that the accommodation would impose an undue hardship ....’” Roush v. Weastec, Inc., 96 F.3d 840, 843 (6th Cir.1996) (quoting 42 U.S.C. § 12112(b)(5)(A)). Thus, in order for the plaintiff to prevail on his ADA claim, he must show that: “(1) [he] has a disability; (2) [he] was qualified for the job; and (3) [he] either was denied a reasonable accommodation for [his] disability or was subject to an adverse employment decision [320]*320that was made solely because of [his] disability.” Roush 6 F.3d at 843.

The district court granted the motion based only on Hayes’ failure to satisfy the first element, and this was the only element that the district court addressed. In our view, however, Hayes established a genuine issue of material fact with respect to whether he was disabled as defined by the ADA.

A disability is defined under the ADA 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 (C) being regarded as having such an impairment.” 42 U.S.C. § 12102(2). Hayes argues that he is actually disabled and, in the alternative, that UPS regarded him as disabled. We agree that Hayes has put forth sufficient evidence to raise a question of fact with respect to whether he has an actual impairment that satisfies the first definition. Therefore, it is unnecessary to address his alternative argument.

Consideration of whether an individual satisfies the definition of disabled set forth in subsection (A) involves a three-step process: (1) determining whether Hayes has a physical or mental impairment, (2) identifying the life activity upon which Hayes relies and determining whether it constitutes a major life activity under the ADA, and (3) determining whether the impairment substantially limited the major life activity. See Bragdon v. Abbott, 524 U.S. 624, 631, 118 S.Ct. 2196, 141 L.Ed.2d 540 (1998). There is no dispute in this case that Hayes has a physical impairment related to his back injury. (J.A. at 32.) UPS argues, however, that Hayes is not substantially limited in any major life activity.

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17 F. App'x 317, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hayes-v-united-parcel-service-inc-ca6-2001.