754 F.3d 901
11th Cir.2014Background
- Wetherbee applied for a systems engineer job at Southern Nuclear and received a conditional offer contingent on a medical evaluation.
- During the exam he disclosed bipolar disorder; records showed stability on medication but recent attempts to alter treatment and lack of psychiatric follow-up.
- Southern Nuclear’s medical team required compliance with medication and imposed a one-year restriction from working on "safety-sensitive systems and equipment" while monitoring compliance.
- Because the position required work on safety-sensitive systems, Southern Nuclear rescinded the offer.
- The district court found the restriction job-related and consistent with business necessity and granted summary judgment for Southern Nuclear; this appeal concerns only whether 42 U.S.C. § 12112(d)(3)(C) requires proof of disability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a claim under 42 U.S.C. § 12112(d)(3)(C) requires the plaintiff to prove he is a disabled individual | Wetherbee: § 12112(d)(3)(C) need not include disability as an element; courts have held disability is not required for §§ 12112(d)(2) and (d)(4)(A) claims, so the rule should extend here | Southern Nuclear: Plaintiff must prove disability; regulatory text and circuit precedent (7th & 10th Circuits) interpret § 12112(d)(3)(C) as protecting employees with disabilities and tying misuse claims to discrimination on the basis of disability | The court held a § 12112(d)(3)(C) claimant must demonstrate he is a qualified individual with a disability because misuse claims require showing the information was used in violation of the ADA (i.e., discrimination on the basis of disability). |
Key Cases Cited
- Allmond v. Akal Sec. Inc., 558 F.3d 1312 (11th Cir. 2009) (discusses ADA business-necessity defense)
- O'Neal v. City of New Albany, 293 F.3d 998 (7th Cir. 2002) (interprets § 12112(d)(3)(C) to require disability for recovery)
- Garrison v. Baker Hughes Oil Field Operations, Inc., 287 F.3d 955 (10th Cir. 2002) (same)
- Harrison v. Benchmark Elecs. Huntsville, Inc., 593 F.3d 1206 (11th Cir. 2010) (disability not an element of § 12112(d)(2) claims)
- Owusu-Ansah v. Coca-Cola Co., 715 F.3d 1306 (11th Cir.) (disability not an element of § 12112(d)(4)(A) claims)
- Lucas v. W.W. Grainger, Inc., 257 F.3d 1249 (11th Cir. 2001) (appellate court may affirm district court on any ground supported by the record)