Mark Wood v. Charlie Green, Clerk of Circuit Court for Lee County, Florida

323 F.3d 1309, 14 Am. Disabilities Cas. (BNA) 100, 2003 U.S. App. LEXIS 4470, 2003 WL 1090412
CourtCourt of Appeals for the Eleventh Circuit
DecidedMarch 13, 2003
Docket02-12971
StatusPublished
Cited by91 cases

This text of 323 F.3d 1309 (Mark Wood v. Charlie Green, Clerk of Circuit Court for Lee County, Florida) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mark Wood v. Charlie Green, Clerk of Circuit Court for Lee County, Florida, 323 F.3d 1309, 14 Am. Disabilities Cas. (BNA) 100, 2003 U.S. App. LEXIS 4470, 2003 WL 1090412 (11th Cir. 2003).

Opinion

DUBINA, Circuit Judge:

This case involves an appeal from the district court’s order denying appellant Charlie Green’s (“Green’s”) motion for judgment as a matter of law. For the reasons that follow, we reverse and render.

I. BACKGROUND

A. Facts

Appellee Mark Wood (“Wood”) began working for the Clerk’s Office of the Circuit Court for Lee County, Florida, in 1974. In 1978, Wood began suffering from cluster headaches. By 1985, Wood’s cluster headaches caused him to miss lengthy periods of work and prevented him from accomplishing a substantial portion of his duties. To accommodate Wood’s extended absences resulting from the cluster headaches, the Clerk’s Office created the new position of Court Coordinator for Wood. Wood’s primary duty in his new position was to review new legislation and rules that affected the courts and to establish procedures accordingly. This duty occupied approximately 50% of his time. The remaining 50% of his time was spent working with the supervisors of the court, acting as a sounding board, monitoring court related financial accounts, representing the office on boards and committees, speaking at conferences, handling difficult customers, and disseminating information to the public. When Wood was absent, other people had to do his work, sometimes including the review and analysis of new legislation. Notwithstanding his health problems, however, Wood received favorable yearly evaluations.

Throughout the years, Green, who was Clerk of the Circuit Court for Lee County, Florida, routinely granted Wood discretionary leave when he had exhausted his medical, sick, and vacation leave. In 1995, Wood missed a total of seven weeks of work. He missed significant amounts of work in both 1996 and 1997 as well. In 1998, Wood missed a total of approximately 15 weeks of work due to his cluster headaches. In 1999, Wood’s cluster headaches caused him to miss considerable portions of work in January, February, March, July, and August. In the fall of 1999, Wood met with his direct supervisor, Ed Flannery (“Flannery”), for his annual evaluation. Flannery informed Wood that he would not receive the customary annual pay increase due to his absences from work. Flannery also told Wood that Wood might have to submit weekly doctor’s notes if Wood missed additional work.

Shortly thereafter, Wood began experiencing another cluster headache. He requested a discretionary leave of absence without pay until he could return to work. Green approved this leave effective December 2, 1999, with no termination date. Wood subsequently telephoned Green to check in and tell him that he was still suffering from a cluster headache. Green told him not to worry about his job and to take care of himself. Additionally, Green told Wood to provide him with a doctor’s letter as soon as he could. Wood’s doctor sent a letter to Green in late December 1999. On January 5, 2000, Green terminated Wood’s employment.

B. Procedural History

Wood brought an Americans with Disabilities Act, 42 U.S.C. §§ 12101 et. seq., (“ADA”) and a Family Medical Leave Act (“FMLA”) action against Green. After an *1312 eight-day jury trial, the jury returned a verdict in favor of Wood on his ADA discrimination claim and in favor of Green on the FMLA claim. On the ADA claim, the jury awarded Wood back pay. The district court also ordered reinstatement, but stayed such reinstatement pending appeal. Green filed a motion for judgment as a matter of law pursuant to Rule 50(b) of the Federal Rules of Civil Procedure. The district court denied Green’s Rule 50(b) motion, finding that Wood’s requested accommodation for discretionary leave was not unreasonable because it was not for indefinite leave. Rather, Wood’s fourteen-year history with cluster headaches, which indicated that he would be able to return to work in a month or two, circumscribed Wood’s request. In considering the testimony in the light most favorable to Wood, the district court also found that sufficient evidence existed to support the jury’s finding that a reasonable accommodation would have enabled Wood to perform the essential functions of his job.

Green then perfected this appeal.

II.ISSUES

1. Whether Wood’s requested accommodation of indefinite leaves of absence is reasonable.

2. Whether sufficient evidence of discrimination on the basis of Wood’s disability existed.

3. Whether the jury’s verdict is against the manifest weight of the evidence.

4. Whether attendance is an essential function of Wood’s job so that his requested accommodation is unreasonable.

III.STANDARD OF REVIEW

“We review a district court’s denial of a motion for judgment as a matter of law de novo, applying the same standards as the district court.” Montgomery v. Noga, 168 F.3d 1282, 1289 (11th Cir.1999). Under Rule 50, a party is entitled to judgment as a matter of law “if during a trial by jury the opposing party has been fully heard on an issue and there is no legally sufficient evidentiary basis for a reasonable jury to find for the opposing party on that issue.” United States Steel, L.L.C. v. Tieco, Inc., 261 F.3d 1275, 1288 (11th Cir.2001) (internal quotations omitted).

IV.ANALYSIS

Indefinite Leave as a Reasonable Accommodation

Green argues that Wood was not a qualified individual within the meaning of the ADA because Wood’s requested accommodation of indefinite leaves of absence was not reasonable. We agree.

The ADA provides that employers shall not discriminate against qualified individuals with a disability because of the disability. 42 U.S.C. § 12112(a). “In order to establish a prima facie case of discrimination under the ADA, the plaintiff must show that: (1) he is disabled; (2) he was a ‘qualified individual’ at the relevant time ...; and (3) he was discriminated against because of his disability.” Lucas v. W.W. Grainger, Inc., 257 F.3d 1249, 1255 (11th Cir.2001). To be a “qualified individual” under the ADA, a person must be able to perform the essential functions of his or her job with or without a reasonable accommodation. Id. Wood argues that, given the unique nature of his job, a reasonable jury could find that he was a qualified individual within the meaning of the ADA because his request for leaves of absence was a reasonable accommodation.

Green relies on Duckett v. Dunlop Tire Corp., 120 F.3d 1222 (11th Cir.1997) (per curiam), in arguing that Wood’s request for indefinite leaves of absence is an unreasonable accommodation. In Duckett, we held that an employer was not required *1313

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323 F.3d 1309, 14 Am. Disabilities Cas. (BNA) 100, 2003 U.S. App. LEXIS 4470, 2003 WL 1090412, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mark-wood-v-charlie-green-clerk-of-circuit-court-for-lee-county-florida-ca11-2003.