Kevin J. Gilday v. Mecosta County

124 F.3d 760, 1997 WL 532880
CourtCourt of Appeals for the Sixth Circuit
DecidedOctober 30, 1997
Docket96-1571
StatusPublished
Cited by69 cases

This text of 124 F.3d 760 (Kevin J. Gilday v. Mecosta County) 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
Kevin J. Gilday v. Mecosta County, 124 F.3d 760, 1997 WL 532880 (6th Cir. 1997).

Opinions

MOORE, J., announced the judgment of the court and delivered the opinion of the court except as to Part III A 1. KENNEDY, J. (pp. 766-768), delivered a separate opinion concurring in part and dissenting in part in which RALPH B. GUY, Jr., J., joined, with RALPH B. GUY, Jr., J. (p. 768), also delivering a separate opinion concurring in part and dissenting in part. The opinion of the Judge Kennedy is the opinion of the court with respect to the issues discussed in Part III A1 of Judge Moore’s opinion.

OPINION

MOORE, Circuit Judge.

In its present posture, this ease presents us with the narrow question of whether Plaintiff-Appellant Kevin J. Gilday presented sufficient evidence that he is a “qualified individual with a disability” under the Americans with Disabilities Act (ADA) to withstand a motion for summary judgment. See 42 U.S.C. § 12112(a). The district court held that Gilday had faded to present such evidence, and it granted defendants’ motion for summary judgment. See Gilday v. Mecosta County, 920 F.Supp. 792, 796 (W.D.Mich. 1996). We reverse.

I. FACTS

Gilday worked for Defendant-Appellee Mecosta County, Michigan, as an emergency medical technician from 1978 until he was fired in August 1994 for conduct unbecoming a paramedic and a history of rudeness to patients and colleagues. Id. at 793. In September 1991 Gilday was diagnosed with non-insulin-dependent diabetes mellitus, which required that Gilday take oral medication, monitor his blood-sugar levels, and follow what he characterizes as a strict diet and exercise regimen. Id.; Joint Appendix (J.A.) at 1450-51, 1119-21, 1148-49. Stress can also apparently cause his blood sugar to fluctuate wildly. J.A. at 1160-63, 1321-22. Gil-day testified that if he departs from this regimen his blood sugar deviates from normal and he becomes frustrated and irritable. J.A. at 1250, 1320, 1424-25. Before he brought the condition under control he suffered a variety of other adverse symptoms. J.A. at 1112-13,1413-14.

Gilday brought suit against Mecosta County, his union (Firefighters Association of Michigan), and individual officers of both entities under the ADA and various state-law causes of action. See J.A. at 25-41 (Amended Complaint). The essence of Gilday’s theory of recovery under the ADA is that his diabetes constitutes a disability and that his employer should have granted his request for the reasonable accommodation of transferring him to a less chaotic station, which would have allowed Gilday to maintain the regimen that controls his diabetes. He argues that if he had been accommodated he would not have engaged in the rude conduct that led to his termination. The district court held that his diabetes did not significantly limit a major life activity and was therefore not a disability, granted summary judgment in favor of defendants under the ADA, and dismissed Gilday’s state-law claims without prejudice. See 920 F.Supp. at 796.

II. JURISDICTION

The ADA incorporates many of the procedures and remedies of Title VII of the Civil [762]*762Rights Act, including the provision in 42 U.S.C. § 2000e — 5(f)(1) that requires a plaintiff to obtain a “right-to-sue” letter before filing suit. See 42 U.S.C. § 12117(a). Gilday did not receive his letter until after he had filed suit. See 920 F.Supp. at 794 n. 1. The district court held that Gilday’s eventual receipt of a right-to-sue letter cured this defect. See id. (citing Jones v. American State Bank, 857 F.2d 494, 499-500 (8th Cir.1988)). Cf. Puckett v. Tennessee Eastman Co., 889 F.2d 1481, 1487-88 (6th Cir.1989) (discussing, but not deciding, issue). The defendants have not raised this issue on appeal, and we therefore need not decide it. See Zipes v. Trans World Airlines, Inc., 455 U.S. 385, 398, 102 S.Ct. 1127, 1135, 71 L.Ed.2d 234 (1982) (holding that right-to-sue letter requirement is not jurisdictional and is therefore subject to waiver).

We have jurisdiction over Gilday’s timely appeal under 28 U.S.C. § 1291.

III. DISCUSSION

“A person seeking relief under the ADA for termination must establish (1) that she is a disabled person within the meaning of the Act, (2) that she is qualified to perform the essential functions of her job with or without reasonable accommodation, and (3) that she suffered an adverse employment decision because of her disability.” McKay v. Toyota Motor Mfg., U.S.A., Inc., 110 F.3d 369, 371 (6th Cir.1997) (citation omitted). This appeal concerns only the first two of these elements. A district court may grant summary judgment only when there is no dispute as to any material question of fact and one party is entitled to a judgment as a matter of law. Fed.R.Civ.P. 56(c). See Hankins v. The Gap, Inc., 84 F.3d 797, 800 (6th Cir.1996). We review de novo a grant of summary judgment. Id.

A. Whether Gilday’s Diabetes Constitutes a Disability Under the ADA

The ADA defines “disability” to include “a physical or mental impairment that substantially limits one or more of the major life activities of [the affected] individual.” 42 U.S.C. § 12102(2)(A). The parties agree that Gilday’s diabetes mellitus constitutes an impairment. See Brief of Appellees Mecosta County et al. at 16-17. Cf. 29 C.F.R. § 1630.2(h)(1) (defining impairment). The defendants, however, argue that this impairment is not a disability because it does not substantially limit any of Gilday’s major life activities.

1. Whether the Court Should Take the Presence of Mitigating Measures into Account When Deciding Whether a Disability Exists

In holding that Gilday is not disabled, the district court focused exclusively on how the diabetes impacted on Gilday’s life after he had been diagnosed with the condition and had controlled it with medication and proper rest and eating habits. See 920 F.Supp. at 795-96. Under this court’s recent decision in McKay, the district court’s holding that Gil-day’s diabetes, when properly treated and controlled, does not substantially impair his ability to work or any other major life activity is correct. See McKay, 110 F.3d at 373.

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Bluebook (online)
124 F.3d 760, 1997 WL 532880, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kevin-j-gilday-v-mecosta-county-ca6-1997.