Joshua Bunn v. Khoury Enterprises, Inc.
753 F.3d 676
| 7th Cir. | 2014Background
- Bunn is legally blind and hired by Khoury Enterprises (Dairy Queen franchises) in Sep 2010.
- Bunn initially performed rotating duties but could not perform some tasks without accommodation.
- Store manager Johnson reassigned Bunn to Expo, scheduling him full-time with minimal accommodation.
- Bunn was suspended for ten days after an altercation with a night manager on Nov 17, 2010.
- Following suspension, Bunn’s hours decreased during winter due to weather, holidays, and reduced demand; he resigned Feb 1, 2011.
- Bunn filed an ADA discrimination suit after EEOC declined to pursue the charge; district court granted summary judgment for Khoury.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Procedural handling of late affidavit | Bunn challenged district court’s reliance on late affidavit | Court properly exercised discretion under local rules | District court’s ruling upheld; no reversible error |
| Failure to accommodate | Khoury failed to provide reasonable accommodation | Khoury provided reasonable accommodation in Expo | Khoury entitled to summary judgment on failure-to-accommodate |
| Disparate treatment | Discrimination evidenced by scheduling and remarks | No evidence of discriminatory animus; actions were managerial discretion and non-discriminatory | Khoury entitled to summary judgment on disparate treatment |
Key Cases Cited
- EEOC v. Sears, Roebuck & Co., 417 F.3d 789 (7th Cir. 2005) (three-part failure-to-accommodate test; reasonable accommodation defined)
- Hoffman v. Caterpillar, Inc., 256 F.3d 568 (7th Cir. 2001) (three-prong test for failure-to-accommodate)
- Rehling v. City of Chicago, 207 F.3d 1009 (7th Cir. 2000) (interactive process not itself a standalone cause of action)
- Spurling v. C & M Fine Pack, Inc., 739 F.3d 1055 (7th Cir. 2014) (interactive process caveat in ADA)
- Dickerson v. Bd. of Trs. of Cmty. Coll. Dist. No. 522, 657 F.3d 595 (7th Cir. 2011) (direct vs. indirect proof under ADA)
- Lloyd v. Swifty Transp., Inc., 552 F.3d 594 (7th Cir. 2009) (prima facie case; similarly situated analysis)
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (U.S. 1973) (burden-shifting framework for indirect proof)