Whitson v. Union Boiler Co.

47 F. App'x 757
CourtCourt of Appeals for the Sixth Circuit
DecidedOctober 2, 2002
DocketNo. 01-5294
StatusPublished
Cited by8 cases

This text of 47 F. App'x 757 (Whitson v. Union Boiler Co.) 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
Whitson v. Union Boiler Co., 47 F. App'x 757 (6th Cir. 2002).

Opinion

PER CURIAM.

Plaintiff-Appellant Frederick Alan Whitson (“Whitson”), appearing pro se, appeals the district court’s entry of summary judgment in favor of Union Boiler Company on Whitson’s claim under Title I of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 2111-17. Whitson claimed that he was disabled because of a seizure disorder and a vision impairment, and that Union Boiler discriminated against him on the basis of his disability by terminating his employment when he refused a work assignment. Union Boiler moved for summary judgment, claiming that Whitson was not disabled because his seizure disorder and vision impairment did not substantially limit any of his major life activities. The district court granted Union Bober’s motion for summary judgment because it concluded that no reasonable jury could find that Whitson is disabled under the ADA. We agree.

I.

On April 4, 1994, Whitson was hired by Union Bober Company as a pipefitter rigger to install piping in and around tanks measuring 66 feet in diameter and 140 feet in height. During the first two days of his employment Whitson was assigned to work on the ground rigging pipe to a cable. On the third day, April 6, he was assigned to work inside the tank at elevation. Whit-son declined the work assignment because it was unsafe. Whitson testified that the job required walking on two-foot-wide boards fourteen stories in the air without life lines and without a safety net. He advised his foreman that he had a seizure disorder and would not feel comfortable on that assignment. Whitson was reassigned to a job on the ground as a rigger and tool runner. On Friday, April 8, Whitson was again assigned to work inside the tank at elevation. Whitson reiterated his safety concerns on account of his seizure disorder and requested a transfer to a different job. Whitson was advised that he could work inside the tank, quit, or be fired. Whitson was fired for refusing a job assignment.

Whitson fbed a claim with the Equal Employment Opportunity Commission, and after receiving his “right to sue” letter, timely fbed this action.

II.

A. Standard of Review

This Court reviews de novo a district court’s grant of summary judgment. Hol[759]*759loway v. Brush, 220 F.3d 767, 772 (6th Cir.2000) (en banc). Summary judgment is proper where there are no genuine issues of material fact in dispute and the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c). In deciding a motion for summary judgment, the court must view the evidence and draw all reasonable inferences in favor of the non-moving party. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). The court is not to “weigh the evidence and determine the truth of the matter but to determine whether there is a genuine issue for trial.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). A genuine issue for trial exists only when there is sufficient “evidence on which the jury could reasonably find for the plaintiff.” Id. at 252, 106 S.Ct. 2505.

Because Whitson is proceeding pro se, his pleadings are liberally construed and are held to less stringent standards than those prepared by attorneys. Haines v. Kerner, 404 U.S. 519, 520-21, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972); Williams v. Browman, 981 F.2d 901, 903 (6th Cir.1992). Nevertheless, those who proceed without counsel must still comply with the procedural rules that govern civil cases. McNeil v. United States, 508 U.S. 106, 113, 113 S.Ct. 1980, 124 L.Ed.2d 21 (1993). See also Wells v. Brown, 891 F.2d 591, 594 (6th Cir.1989) (“Neither this Court nor other courts, however, have been willing to abrogate basic pleading essentials in pro se suits.”).

B. Disability under the ADA

The ADA prohibits an employer from discriminating against a qualified individual with a disability because of that individual’s disability. 42 U.S.C. § 12112. To establish a prima facie case of employment discrimination under the ADA, a plaintiff must show that:

(1) he is disabled; (2) he is otherwise qualified for the position with or without reasonable accommodation; (3) he suffered an adverse employment decision; (4) his employer knew or had reason to know of his disability; and (5) his position remained open.

Hammon v. DHL Airways, Inc., 165 F.3d 441, 449 (6th Cir.1999).

Whitson’s ability to show that he is “disabled” within the meaning of the ADA is a “threshold requirement” for recovery under the ADA. Burns v. Coca-Cola Enterprises, Inc., 222 F.3d 247, 253 (6th Cir.2000). Whether a person has a disability under the ADA is “an individualized inquiry.” Sutton v. United Air Lines, Inc., 527 U.S. 471, 483, 119 S.Ct. 2139, 144 L.Ed.2d 450 (1999). An individual is “disabled” under the ADA only if he has, has a record of, or is regarded as having, a physical or mental impairment that “substantially limits” one or more of his “major life activities.” 42 U.S.C. § 12102(2). See also Burns, 222 F.3d at 252. For purposes of the ADA, “major life activities” include “functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.” 29 C.F.R. § 1630.2(i).

The term substantially limits means:

(i) Unable to perform a major life activity that the average person in the general population can perform; or
(ii) Significantly restricted as to the condition, manner or duration under which an individual can perform a particular major life activity as compared to the condition, manner, or duration under which the average person in the general population can perform that same major life activity.

29 C.F.R. § 1630.2(j)(1).

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