Robert Barnett v. U.S. Air, Inc.

157 F.3d 744, 98 Daily Journal DAR 10589, 8 Am. Disabilities Cas. (BNA) 1073, 98 Cal. Daily Op. Serv. 7620, 1998 U.S. App. LEXIS 24643, 1998 WL 685838
CourtCourt of Appeals for the Ninth Circuit
DecidedOctober 6, 1998
Docket96-16669
StatusPublished
Cited by51 cases

This text of 157 F.3d 744 (Robert Barnett v. U.S. Air, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Robert Barnett v. U.S. Air, Inc., 157 F.3d 744, 98 Daily Journal DAR 10589, 8 Am. Disabilities Cas. (BNA) 1073, 98 Cal. Daily Op. Serv. 7620, 1998 U.S. App. LEXIS 24643, 1998 WL 685838 (9th Cir. 1998).

Opinions

WIGGINS, Circuit Judge.

Robert Barnett appeals the district court’s grant of summary judgment in favor of his employer, U.S. Air, Inc., in Barnett’s suit alleging discrimination and retaliation under the Americans with Disabilities Act. We have jurisdiction under 28 U.S.C. § 1291. For the following reasons, we affirm the district court’s summary judgment in favor of U.S. Air.

I. Facts

Robert Barnett worked for U.S. Air (and its predecessor) for ten years as a customer service agent. He worked in positions at the gate, ticket counter, ramp area, air freight, cargo, and mailroom. As a U.S. Air employee, Barnett was subject to U.S. Air’s personnel policies, including its seniority system, which determines, among other things, duty assignments, shifts, promotions, and transfers.

In 1990, Barnett injured his back while working in a cargo position at San Francisco International Airport. After a leave of absence, he returned to the cargo position but found that he could no longer perform its physical requirements. Using his seniority, Barnett transferred into a swing-shift position in the mailroom.

In March 1992, Barnett’s doctor recommended that he not perform heavy lifting in order to avoid further back injury. The doctor concluded that Barnett’s back would not be harmed by the requirements of the swing-shift mailroom position. Unfortunately, in August 1992, Barnett exacerbated his back condition while pulling a mail cart. On August 17, a new doctor informed U.S. Air that Barnett could return to work without restrictions. On August 19, however, the doctor imposed permanent restrictions on Barnett, prohibiting him from excessive bending, twisting, turning, prolonged standing or sitting, and from lifting twenty-five pounds or more.

In August 1992, all of U.S. Air’s cargo and mailroom positions became open for bidding from employees according to their seniority. Barnett learned that employees senior to him planned to bid for the swing-shift mailroom position. Barnett’s seniority would then only entitle him to a position in cargo. On August 31,1992, Barnett wrote to his manager, Rob[747]*747ert Benson, asking for accommodation under the Americans with Disabilities Act (“ADA”). He asked U.S. Air to make an exception for him within its seniority system and thereby allow him to remain in his mailroom position. Barnett did not himself receive a written response to this letter, but, according to an interoffice memo, U.S. Air placed him on “limited duty” as of the next day, thereby creating an extra swing-shift mailroom position for him. Under U.S. Air’s policy, an employee usually may not work on limited duty for more than sixty work days. Barnett worked in his limited duty position for almost five months.

On January 20, 1993, Barnett met with his supervisors. They told him that he could not remain in his limited duty position in the mailroom because he had been there well over sixty days and because he lacked the seniority to remain there. U.S. Air informed Barnett that he would be placed on job injury leave because his medical restrictions prevented him from performing all the duties of the cargo position, the position to which his seniority entitled him, and that they would continue his salary for one month. On February 21, 1993, U.S. Air ended Barnett’s salary continuance.

On January 23,1992, Barnett wrote another letter to Benson suggesting two other forms of accommodation of his disability. The first was to provide him with special lifting equipment for the cargo position. The second was to modify the cargo position for him so that he would perform only desk work and be able to avoid the warehouse lifting and moving work. A few days later, U.S. Air received letters from two of Barnett’s doctors stating that his disability precluded him from any position other than the mailroom. U.S. Air denied Barnett’s new requests in March, and advised Barnett to bid for another position.

At the end of February 1993, Barnett filed a Charge of Discrimination with the Equal Employment Opportunity Commission (“EEOC”). The EEOC eventually granted Barnett the right to sue and, in November 1994, Barnett sued U.S. Air in district court for discrimination under the ADA for failure to accommodate his disability and for retaliation, among other claims.

The district court granted defendant U.S. Air summary judgment. The district court held that Barnett had established the first element of his prima facie case by showing that he had a disability within the meaning of the ADA. The district court concluded, however, that Barnett’s proposed accommodations of his disability were not reasonable. The court held, therefore, that U.S. Air did not discriminate against Barnett by failing to retain him in the mailroom, to buy him special lifting equipment, or to modify the cargo position. The district court farther held that an employer may be liable under the ADA for failing to engage in an “interactive process” with the employee. The court found, however, that U.S. Air was not so liable because it had responded to Barnett’s requests and was not at fault for the parties’ failure to identify a reasonable accommodation. The district court therefore granted U.S. Air summary judgment on Barnett’s discrimination claim under the ADA. The court also granted U.S. Air summary judgment on Barnett’s retaliation claim, holding that Barnett had not shown a causal connection between his request for accommodation under the ADA and his placement by U.S. Air on job injury leave.

Barnett appeals the summary judgment in favor in U.S. Air on his discrimination and retaliation claims.

II. Standard of Review

This court reviews a grant of summary judgment de novo. See Summers v. A. Teichert & Son, Inc., 127 F.3d 1150, 1152 (9th Cir.1997). The court must determine, viewing the evidence in the light most favorable to the nonmoving party, whether there is a genuine issue of material fact for trial, and whether the district court correctly applied the substantive law. See id. The district court’s grant of summary judgment may be affirmed on any ground in the record, whether or not the district court relied on that ground. See id.

[748]*748III. Discussion

A. Americans with Disabilities Act

The Americans with Disabilities Act of 1990 (“ADA”) protects the disabled in the workplace by prohibiting affected employers from, among other things, “not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an ... employee, unless such [employer] can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such [employer].” 42 U.S.C. § 12112(b)(5)(A).

1. A Plaintiff’s Prima Facie Case Under the ADA

In order to bring a claim under the ADA, a plaintiff-employee has the burden of showing that he or she is a “qualified individual with a disability.” The plaintiff must show that he or she is “an individual 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.

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157 F.3d 744, 98 Daily Journal DAR 10589, 8 Am. Disabilities Cas. (BNA) 1073, 98 Cal. Daily Op. Serv. 7620, 1998 U.S. App. LEXIS 24643, 1998 WL 685838, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robert-barnett-v-us-air-inc-ca9-1998.