George Larson v. United Natural Foods West Inc.
518 F. App'x 589
9th Cir.2013Background
- Larson appeals district court summary judgment for UNFI and Sysco on ADA, FMLA, and negligence claims.
- Larson was terminated after an audit showed a positive alcohol test while at Sysco; SAP diagnosed him with alcohol dependence.
- FMLA: Larson worked at a Ryder yard worksite; yard is within 75 miles of a location with fewer than 50 employees, so not covered by FMLA.
- ADA: Larson cannot show qualification under ADA because he was not physically qualified as a commercial driver under DOT regulations due to alcoholism; indefinite leave not a reasonable accommodation.
- The court held Larson did not plead an ADA claim based on SAP evaluation request.
- Negligence: Sysco’s reporting was truthful; any alleged defect in reporting was not a breach of duty; damages not shown.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| FMLA coverage for driver worksite | Larson contends FMLA coverage applies to his worksite. | UNFI argues the Ryder yard is a non-covered worksite with fewer than 50 employees within 75 miles. | Not covered by FMLA. |
| ADA qualification and reasonable accommodation | Larson argues he is a qualified individual with an alcohol condition. | Larson not qualified; DOT qualification required; indefinite leave not reasonable. | Larson not protected by ADA; not a qualified individual. |
| Reasonableness of accommodation duration | Indefinite leave to treatment is a valid accommodation. | Indefinite leave is not a reasonable accommodation. | Indefinite leave not reasonable; not required. |
| Duty and reporting in negligence claim | Sysco breached duty by incorrect reporting. | Sysco truthful in reporting; no breach. | No duty breach; summary judgment affirmed. |
Key Cases Cited
- Milton H. Greene Archives, Inc. v. Marilyn Monroe LLC, 692 F.3d 983 (9th Cir. 2012) (standard for summary judgment and evidence viewing)
- Bader v. N. Line Layers, Inc., 503 F.3d 813 (9th Cir. 2007) (worksite definition for FMLA coverage)
- Cripe v. City of San Jose, 261 F.3d 877 (9th Cir. 2001) (essential functions and reasonable accommodation framework)
- Dark v. Curry Cnty., 451 F.3d 1078 (9th Cir. 2006) (recovery time duration may affect reasonableness of accommodation)
- Wood v. Green, 323 F.3d 1309 (11th Cir. 2003) (unreasonable indefinite leave as accommodation)
- Hudson v. MCI Telecomms. Corp., 87 F.3d 1167 (10th Cir. 1996) (evidence of impairment duration for reasonable accommodation)
- Danjaq LLC v. Sony Corp., 263 F.3d 942 (9th Cir. 2001) (pleading scope; procedural bar)
- Bates v. United Parcel Serv., Inc., 511 F.3d 974 (9th Cir. En Banc 2007) (ADA rejection framework; qualified individual)