447 F.Supp.3d 1252
S.D. Ala.2020Background
- EEOC sued Austal USA alleging Austal failed to reasonably accommodate Logistics Associate Jimmy Cooper’s diabetes-related absences and terminated him in violation of the ADA.
- Cooper, employed since 2007, had uncontrolled, unpredictable diabetes causing frequent, intermittent absences and inability to predict tardiness or early departures; treating physicians indicated he would need unpredictable leave.
- Austal’s written attendance policy used a rolling 12‑month "occurrence" system (1/2 or 1 occurrence for tardies/early-outs, 1 for full-day unexcused absences); eight occurrences normally led to termination; up to five medical notes per year could excuse absences; FMLA and an extended leave (ELOA) were available but limited.
- Cooper exhausted FMLA, used ELOA and medical days, but incurred many absences (over a hundred days in a year and well over the eight‑occurrence threshold); Austal terminated him in January 2015 for excessive occurrences.
- Court denied Austal’s motion to strike various EEOC exhibits (permitting factual parts of declarations and emails) but granted Austal’s summary judgment motion, holding Cooper was not a "qualified individual" because regular attendance was an essential job function and no reasonable accommodation would permit his unpredictable attendance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there is direct evidence that Austal discriminated against Cooper because of disability | EEOC: Termination for medical-related absences is direct evidence of disability discrimination | Austal: Termination was for attendance violations, not because of disability; evidence requires inference | No direct evidence found; inference required, so McDonnell Douglas framework applies |
| Whether Cooper was a "qualified individual" under the ADA (essential functions) | EEOC: Cooper could perform essential duties and medical leave/accommodation would allow performance | Austal: Job required on-site, daily work; regular attendance is an essential function Cooper could not meet | Held Cooper was not qualified; regular attendance is an essential function of his job |
| Whether granting additional leave or schedule changes was a reasonable accommodation | EEOC: Additional medical leave or flexible schedule would be reasonable | Austal: Absences were unpredictable and would impose undue hardship (can't leave tool cribs unattended; cannot defer daily tasks) | Additional leave/schedule was not reasonable; unpredictability made accommodation unworkable and unduly burdensome |
| Motion to strike EEOC evidence (late disclosures/hearsay/relevance) | EEOC: Declarations/emails were timely disclosed and relevant to knowledge/ability to cover absences; some hearsay could be corroborated at trial | Austal: Late disclosure; hearsay and irrelevant material should be excluded | Court denied motion to strike; limited consideration to factual, personal‑knowledge statements and allowed some challenged documents for specified purposes |
Key Cases Cited
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (summary judgment standard — no genuine issue of material fact)
- Celotex Corp. v. Catrett, 477 U.S. 317 (summary judgment burdens between movant and nonmovant)
- Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574 (summary judgment when record could not lead a reasonable jury to find for nonmoving party)
- Damon v. Fleming Supermarkets of Fla., Inc., 196 F.3d 1354 (definition of direct evidence of discrimination)
- E.E.O.C. v. Joe's Stone Crab, Inc., 220 F.3d 1263 (direct‑evidence standard in employment discrimination)
- Lucas v. W.W. Grainger, Inc., 257 F.3d 1249 (elements for ADA prima facie case and reasonable accommodation burden)
- Holly v. Clairson Indus., L.L.C., 492 F.3d 1247 (essential‑functions analysis and accommodation scope)
- Jackson v. Veterans Admin., 22 F.3d 277 (unpredictable absences not reasonably accommodable; attendance as essential function)
- Earl v. Mervyns, Inc., 207 F.3d 1361 (attendance can be an essential function when job duties must be performed daily)