Yalda v. Republic National Distributing Company

District Court, E.D. Michigan·Decided March 17, 2025·No. 2:23-cv-12638·Unknown

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ZAID YALDA, 2-23-CV-12638-TGB-KGA Plaintiff, HON. TERRENCE G. BERG vs. ORDER GRANTING REPUBLIC NATIONAL REPUBLIC NATIONAL DISTRIBUTING COMPANY, DISTRIBUTING COMPANY’S MOTION FOR SUMMARY Defendant. JUDGMENT

(ECF NO. 10)

Zaid Yalda was a liquor salesperson for Republic National Distributing Company (“RNDC”). RNDC effectively terminated Yalda’s employment after Yalda tore his meniscus and ACL. Because these injuries restricted Yalda from being able to perform his essential job functions, no reasonable jury could find that Yalda could do his job, whether with or without a reasonable accommodation. On such a record, RNDC’s Motion for Summary Judgment must be GRANTED, and this case will be DISMISSED. I. FACTS A. Yalda’s Job From 2017 to 2022, Yalda worked for RNDC as a Control States Sales Representative – a liquor salesperson. ECF No. 10, PageID.74, PageID.80; ECF No. 10-3, PageID.38. Yalda’s sales route had two hundred and fifty accounts, and was one of the most profitable in the company. Id. at PageID.79. Yalda earned his position as a liquor salesperson after receiving multiple promotions. ECF No. 11-2, PageID.252. Yalda described his average day as a liquor salesperson as follows: So my job title is to wake up in the morning . . . go to my accounts, service the accounts [to] see what they are missing on the shelf. Open my book iPad, show them what was the new products, what we have in there, what we could expand on product on the shelf, take the orders, submit it, and the company will deliver it. Id. at PageID.254 (emphasis added). Yalda did these tasks while making in-person visits to his customers’ premises. Id. Yalda’s job required other physical tasks as well. On sales visits to stores, he would assist the customer with stocking shelves and building product displays. Id. at PageID.255-56. Yalda’s understanding of the physical requirements of his liquor salesperson role matched the written requirements of his official job description. In a section titled “Physical Demands,” Yalda’s official job requirements stated that: While performing the duties of his job, the employee is frequently required to stand; walk . . . stoop; kneel; crouch or crawl . . . . The employee must regularly lift and, slash, or move up to 30 pounds . . . . Id. at PageID.256. When asked in his deposition whether those were the physical demands associated with his job, Yalda responded: “Sure.” Id. Waseem Jarbou, a RNDC employee who used to be an RNDC sales representative, agreed: he testified that sales representatives performed physical activities while merchandising, including moving product and setting up displays on every account call. ECF No. 10-8, PageID.160. Yalda also reported that RNDC had six or seven “merchandisers” who would also set up product displays. ECF No. 11-2, PageID.255. Yalda’s supervisor, Mike Cavin, testified that RNDC liquor salespeople “have a route that’s assigned to them, and they call on those accounts directly because we believe that . . . direct person-to-person

contact is the best way to grow the business.” ECF No. 10, PageID.75; ECF No. 10-10, PageID.166-67. While it would be possible to sell liquor by email or over the phone, Cavin had nobody in his department who did direct telephone sales, as distinct from the in-person salesperson role. ECF No. 10-10, PageID.166-67, PageID.169. Although not part of Cavin’s department, an RNDC employee in Atlanta did conduct some telephone sales for Cavin. Id. But that employee’s role was different from Yalda’s salesperson role: it only involved taking and processing orders from

smaller volume accounts, not physically visiting large customers and selling to them. Id. B. Yalda’s Injury, Restrictions, and RNDC Responses In November 2021, Yalda tore his meniscus and ACL. ECF No. 11- 2, PageID.258. He underwent reconstructive surgery on November 16, 2021. Id. at PageID.259. Around that time, Yalda gave Cavin the first of what would be several doctor’s notes. Id. The note stated that Yalda needed to be off work from November 16, 2021, through approximately November 24, 2021, because of Yalda’s right knee ACL reconstruction. ECF No. 10-4, PageID.144. Yalda then submitted another doctor’s note, dated November 24, 2021, stating that he could return to work on that date with a restriction of “seated work only.” ECF No. 10, PageID.76. The note did not state for how long this restriction would continue, but provided that Yalda would be re-assessed at a future follow-up appointment. Id.

RNDC informed Yalda that they could not accommodate his “seated work only” restriction. Id. at PageID.77. They placed Yalda on medical leave effective November 24, 2021. Id. Mike Cavin testified that RNDC was unable to accommodate Yalda’s request, because Cavin did not “have an extra person to go replace the actual physical labor part of [Yalda’s] assignment.” ECF No. 10-10, PageID.174. Neither did Cavin have an available “office job” for someone to do telephone sales, as that role was outsourced to Atlanta. Id. at PageID.169. Yalda testifies that while he

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