John R. Downs v. Hawkeye Health Services, Inc.

148 F.3d 948, 8 Am. Disabilities Cas. (BNA) 609, 1998 U.S. App. LEXIS 14786, 1998 WL 348201
CourtCourt of Appeals for the Eighth Circuit
DecidedJuly 1, 1998
Docket97-3851
StatusPublished
Cited by20 cases

This text of 148 F.3d 948 (John R. Downs v. Hawkeye Health Services, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
John R. Downs v. Hawkeye Health Services, Inc., 148 F.3d 948, 8 Am. Disabilities Cas. (BNA) 609, 1998 U.S. App. LEXIS 14786, 1998 WL 348201 (8th Cir. 1998).

Opinion

WOLLMAN, Circuit Judge.

John R. Downs appeals from the district court’s 1 grant of summary judgment to his former employer, Hawkeye Health Services, Inc., on his claim that he was terminated in violation of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101 et seq. (1995). We affirm.

I.

Downs, a registered nurse, is infected with the Hepatitis C virus. 2 In March of 1995, he *950 applied for social security disability benefits, stating on his application that he had been unable to work as the result of his disabling condition since December 14, 1994. He attested that he remained disabled and that extreme fatigue, anxiety, and nausea prevented him from being able “to complete work in a safe manner.” As a result, he concluded, “working at any job has become impossible.”

Approximately one month later, Downs was hired as a home health aide supervisor by Hawkeye Health Services, a private corporation which provides health care assistance to home-bound individuals throughout Iowa. A few months after becoming employed, Downs withdrew his disability application. In early July, his employment was terminated.

Downs then reapplied for disability benefits. He again averred that he had been unable to work because of disability since 1994, that “working any job has become impossible,” and that he was unable to safely perform his duties. As he described his condition:

I basically continually feel as if I have the flu because of the interferon therapy that I undergo. I also suffer from depression and anxiety disorder for which I am receiving treatment. I did try and work for a short period of time however I simply was not able to do it.

In his supplemental disability report, he stated: “My illness has basically changed my entire life in that I feel sick all the time, cannot sleep, cannot do regular things with my family. It has ruined my career as I am not able to work and basically am not even able to be out in public.” In his request for a hearing by an administrative law judge, he attested that “I do not feel that I am capable of gainful employment at this time nor have I been since I filed this application. Between the fatigue and sickness caused by Hepatitis C and my anxiety and depression disorders, I am not capable of maintaining employment.” Downs’s physician, in fact, had been advising him not to work. As late as 1997, Downs continued to seek disability benefits premised upon his representation that his disability had prevented him from engaging in gainful employment since 1994. 3

Downs filed a discrimination suit against Hawkeye Health on April 15, 1996, alleging that he had been terminated because of his disability in violation of the ADA. Hawkeye Health moved for summary judgment, which the district court granted.

II.

The ADA provides that an employer may not discriminate against “a qualified individual with a disability because of the disability.” 42 U.S.C. § 12112; see also Moore v. Payless Shoe Source, Inc., 139 F.3d 1210, 1212 (8th Cir.1998); Dush v. Appleton Elec. Co., 124 F.3d 957, 961 (8th Cir.1997). A “qualified individual with a disability” is a person “with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires.” 42 U.S.C. § 12111(8); see also Dush, 124 F.3d at 961. In order to avoid summary judgment, then, Downs was required to demonstrate: (1) that he was disabled; (2) that he was qualified to perform the essential functions of his position, with or without reasonable accommodation; and (3) that he suffered an adverse employment decision because of his disability. See Moore, 139 F.3d at 1212; Smith v. City of Des Moines, Iowa, 99 F.3d 1466, 1474 (8th Cir.1996); Wooten v. Farmland Foods, 58 F.3d 382, 385 (8th Cir.1995).

In granting summary judgment, the district court focused on the second element. It held that Downs was unable to present “strong countervailing evidence” of his ability to perform the essential functions of his position at Hawkeye Health sufficient to counteract his earlier sworn statements to the Social Security Administration that he was totally disabled and unable to work. The court *951 therefore concluded that Downs could not be considered a “qualified individual” under the ADA. We review the grant of summary judgment de novo, viewing the facts in the light most favorable to Downs. See Moore, 139 F.3d at 1211; Montandon v. Farmland Indus., Inc., 116 F.3d 355, 357-58 (8th Cir.1997).

On appeal, Downs frames the issue in sweeping terms. He asks us to consider “[wjhether a plaintiff -seeking benefits for social security disability is per se precluded from being a ‘qualified individual’ under the Americans with Disabilities Act.” Appellant’s Brief at iv; see also Hossaini v. Western Missouri Medical Ctr., 140 F.3d 1140, 1142-43 (8th Cir.1998) (discussing doctrine of judicial estoppel, which “prohibits a party from taking inconsistent positions in the same or related litigation”). We do not believe that Downs has properly characterized the district court’s ruling. The court recognized, and we have recently made clear, that “there is no inherent inconsistency between claiming to be eligible for Social Security disability benefits and claiming to be a qualified person with a handicap under the ADA.” Moore, 139 F.3d at 1212; see also Robinson v. Neodata Servs., Inc., 94 F.3d 499, 502 n. 2 (8th Cir.1996). This is so “primarily because the Social Security disability standard does not take into account ability to work with a reasonable accommodation.” Moore, 139 F.3d at 1212. Thus, we have joined with the majority of circuits in declining to hold that a plaintiff is “judicially estopped to prove he or she is a qualified individual with a disability for purposes of 42 U.S.C. § 12111

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148 F.3d 948, 8 Am. Disabilities Cas. (BNA) 609, 1998 U.S. App. LEXIS 14786, 1998 WL 348201, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-r-downs-v-hawkeye-health-services-inc-ca8-1998.