BUIE v. TECHNICAL COLLEGE SYSTEM OF GEORGIA
3:24-cv-00007
M.D. Ga.Aug 20, 2025Background
- Alphonso Buie, a gay instructor with anxiety and depression, was employed at Athens Technical College (Athens Tech) from 2020 until his termination in 2023.
- Buie requested an accommodation to allow telework on Fridays for therapy after experiencing panic attacks; he also applied for FMLA and short-term disability leave.
- Shortly after, the college began investigating Buie for allegedly running an outside business, "Place of Peace," and using his work laptop for personal purposes, including visits to a massage website.
- The investigation's findings, including browser history synced from Buie's iPhone, led to his termination for operating an outside business and allegedly viewing inappropriate content on a state device.
- Buie sued under Section 504 of the Rehabilitation Act, alleging disability discrimination, failure to accommodate, and retaliation.
- The Technical College System of Georgia moved for summary judgment, which was denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Discriminatory Termination | Terminated because of disability and accommodation request | Termination was for policy violations unrelated to disability | Fact disputes; jury could infer discrimination |
| Failure to Accommodate | Reasonable accommodations (telework, FMLA) denied | Denial was proper; accommodations would pose undue hardship | Buie presented evidence accommodations not unduly burdensome |
| Retaliation for Accommodation Request | Termination closely followed accommodation request | Termination based on misconduct, not accommodation request | Temporal proximity supports inference of retaliation |
| Pretext | Non-disabled employee given lesser penalty for similar conduct | Proffered reasons for termination were legitimate, non-discriminatory | Sufficient evidence of pretext; issue for jury |
Key Cases Cited
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (Summary judgment standard: must view facts in light most favorable to nonmovant)
- Owens v. Governor’s Office of Student Achievement, 52 F.4th 1327 (Elements for a Rehabilitation Act discrimination claim)
- Sutton v. Lader, 185 F.3d 1203 (Standard for Rehabilitation Act discrimination claims)
- Smith v. Lockheed-Martin Corp., 644 F.3d 1321 (Circumstantial evidence of discriminatory intent survives summary judgment)
- Hamilton v. Southland Christian Sch., Inc., 680 F.3d 1316 (Enough circumstantial evidence raises inference of intentional discrimination)