907 F. Supp. 2d 1242
D. Colo.2012Background
- Plaintiff Don Angelí was fire chief of Fairmount Fire Protection District and was terminated March 31, 2011.
- FFPD is governed by a five-member Board; it participated in prescribed burns for revenue via UIS without signed contract.
- Plaintiff proposed a joint venture with UIS in Aug. 2009; a formal contract was never signed and UIS did not pay for work performed.
- Plaintiff was diagnosed with cancer in Sept. 2010 and filed a workers’ compensation claim Oct. 17, 2010; he underwent cancer-related surgeries.
- Board Chairman Corbin told Plaintiff he could not go out on emergency calls prior to termination.
- The Employee Guidelines Manual states at-will employment and includes a grievance procedure, but explicitly disclaims contractual status.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| ADA disability recognition under ADAAA | Angelí has a disability due to cancer under ADAAA | Disability status contested or not adequately proven | Angelí was disabled under the ADAAA |
| Qualified to perform essential job functions | Disability did not bar essential function performance; accommodation possible | Plaintiff could not perform essential functions or no accommodation possible | Plaintiff qualified to perform essential functions |
| Discrimination based on disability | Termination due to disability | Termination based on failure to secure contract and related losses | No prima facie showing of discrimination; not proven cross-cutting causal link |
| Retaliation for workers’ compensation claim | Termination tied to filing workers’ compensation claim | Good-faith contest of the claim; no causal link | No causal connection; Defendant entitled to summary judgment on retaliation claim |
| Procedural due process right to hearing | Manual created entitlement to hearing | Manual did not create a property interest; at-will employment | No protected property interest; due process claim fails |
Key Cases Cited
- Johnson v. Weld County, Colo., 594 F.3d 1202 (10th Cir. 2010) (ADA discrimination framework; prima facie case and pretext guidance)
- MacKenzie v. City & Cnty. of Denver, 414 F.3d 1266 (10th Cir. 2005) (ADA circumstantial evidence framework; McDonnell Douglas applied)
- Morgan v. Hilti, Inc., 108 F.3d 1319 (10th Cir. 1997) (discriminatory termination standard; nexus required for causation)
- Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133 (U.S. 2000) (pretext standard; record must show no genuine dispute about non-discriminatory reason)
- Ainsworth v. Indep. Sch. Dist. No. 3 of Tulsa Cnty., Okla., 232 F. App’x 765 (10th Cir. 2007) (awareness of disability alone insufficient to prove discrimination)
- Selenke v. Medical Imaging of Colo., 248 F.3d 1249 (10th Cir. 2001) (pretext and employer’s explanations; standard for evaluating credibility)