Willis v. Noble Environmental Power, LLC

143 F. Supp. 3d 475, 2015 U.S. Dist. LEXIS 143754, 2015 WL 6460016
CourtDistrict Court, N.D. Texas
DecidedOctober 22, 2015
DocketCIVIL ACTION NO. 2:15-cv-00001-J
StatusPublished
Cited by10 cases

This text of 143 F. Supp. 3d 475 (Willis v. Noble Environmental Power, LLC) is published on Counsel Stack Legal Research, covering District Court, N.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Willis v. Noble Environmental Power, LLC, 143 F. Supp. 3d 475, 2015 U.S. Dist. LEXIS 143754, 2015 WL 6460016 (N.D. Tex. 2015).

Opinion

MEMORANDUM OPINION AND ORDER

MARY LOU ROBINSON, UNITED STATES DISTRICT JUDGE

On August 3, 2015, Defendants, Noble Environmental Power, LLC and Noble Services, Inc., filed a Motion For Summary Judgment. Plaintiff, Danny Willis, filed a response on August 20, 2015. Defendants did not file a reply. Defendants’ Motion is GRANTED.

BACKGROUND

Plaintiff brings a discrimination claim pursuant to the Americans with Disabilities Act as Amended (ADAAA), 42 U.S.C. § 12112. Defendants employed Plaintiff as a Wind Turbine Technician starting in April of 2014. This is a dangerous position that required Plaintiff to climb in excess of 300 feet on wind turbines and work in extreme temperatures above 100 degrees during the summer months.

While at work on July 9, 2014, Plaintiff suffered a medical episode related to dehydration and possible heat stroke. Plaintiff needed assistance walking, slurred his speech, and experienced difficulty communicating and concentrating. Plaintiff was admitted to the emergency room and, during the three to four hour stay, diagnosed with dehydration and treated for possible heat stroke. The emergency room physician discharged Plaintiff at 12:12 pm on July 9, 2014 with orders to take three days off from work, drink plenty of fluids, stay in cool places, and avoid direct sunlight. Two subsequent doctor visits, required by Defendants, revealed that Plaintiff had a clean bill of health, everything was normal, and no further restrictions or orders were necessary. On July 24, 2015, approximately two weeks after returning to work, Defendants terminated Plaintiff due to alleged safety issues that arose either during the later part of June or early July.

Plaintiff admits that he does not have a disability and that the brief medical episode on July 9, 2014 was a one-time event lasting only a few hours. Plaintiff, again by his own admission, has never experienced a similar medical episode before or after July 9, 2014. After returning to work, Plaintiff performed his work duties in a normal fashion without any accommodations.

Plaintiff received his right to sue letter from the EEOC on December, 19, 2014, and filed suit against Defendants on January 2, 2015. Defendants now move for summary judgment on Plaintiffs ADAAA discrimination claim.

STANDARD FOR SUMMARY JUDGMENT MOTIONS

This Court may grant summary judgment on a claim if the record shows that there is no genuine issue of material fact and that “the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). A genuine issue of material fact exists if a reasonable jury could return a verdict for the nonmoving party on the issue. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). Where the nonmov-ant bears the burden of proof at trial, the movant may either offer evidence that undermines one or more of the essential elements of the nonmovant’s claim, or point [478]*478out the absence of evidence supporting an essential element of the nonmovant’s claim. See Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986) (where there is an absence of evidence supporting an essential element of the nonmovant’s claim, “there can be ‘no genuine issue as to any material fact,’ since a complete failure of proof concerning an essential element of the nonmoving party’s case necessarily renders all other facts immaterial”).

If the movant successfully carries this burden at the summary judgment stage, the burden then shifts to the nonmovant to show that the court should not grant summary judgment. Id. at 324, 106 S.Ct. 2548. The nonmovant must set forth specific facts that show a genuine issue for trial — only a genuine dispute over a material fact will preclude summary judgment. Anderson, 477 U.S. at 248, 256, 106 S.Ct. 2505. The nonmovant cannot rely on con-clusory allegations, improbable inferences, or unsupported speculation. Krim v. BancTexas Grp., Inc., 989 F.2d 1435, 1449 (5th Cir.1993). In ruling on a summary judgment motion, a court must review the facts and draw all reasonable inferences in favor of the nonmoving party — here, Plaintiff. See Reid v. State Farm Mut. Auto. Ins. Co., 784 F.2d 577, 578 (5th Cir.1986).

DISCUSSION

The ADAAA prohibits employers “from discriminating against a ‘qualified individual with a disability on the basis of that disability.’ ” Burton v. Freescale Semiconductor, Inc., 798 F.3d 222, 226-67 (5th Cir.2015) (internal quotation marks omitted) (quoting E.E.O.C. v. LHC Grp., Inc., 773 F.3d 688, 694 (5th Cir.2014)). An ADAAA discrimination claim is analyzed under the McDonnell Douglas burden shifting test. E.E.O.C. v. Chevron, 570 F.3d 606, 615 (5th Cir.2009).. First, the plaintiff must make a prima facie case of discrimination by showing that he or she: (1) is disabled, regarded as disabled, or has a record of having a disability; (2) is qualified for the job at issue; (3) experienced an adverse employment action based on the disability or perception of the disability; and (4) was replaced by or treated less favorably than a non-disabled employee. Id. Once a plaintiff successfully proves his or her prima facie case of discrimination, the burden then shifts to the defendant-employer to articulate a legitimate, non-discriminatory reason for the adverse employrhent action. Id. After the defendant-employer fulfills that burden, the burden once again shifts back to the plaintiff to prove, by a preponderance of the evidence, that the legitimate, non-discriminatory reason offered by the defendant-employer is merely a pretext for discrimination. Id.

Defendants move for summary judgment on Plaintiffs ADAAA discrimination claim on the following grounds: (1) Plaintiff cannot establish a prima facie case for discrimination; (2) Defendants articulated a legitimate, non-discriminatory reason for terminating Plaintiff; and (3) no causal connection exists between the employment decision and a perceived physical or mental impairment. Because this Court concludes that Plaintiff does not establish a disability under the ADAAA, the Court needs not consider Defendants’ other arguments. See Waldrip v. Gen. Elec. Co., 325 F.3d 652, 654 (5th Cir.2003).

A. EVIDENCE OBJECTIONS

Plaintiff lodged objections to a portion of Defendants’ summary judgment evidence.

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143 F. Supp. 3d 475, 2015 U.S. Dist. LEXIS 143754, 2015 WL 6460016, Counsel Stack Legal Research, https://law.counselstack.com/opinion/willis-v-noble-environmental-power-llc-txnd-2015.