513 F. App'x 902
11th Cir.2013Background
- Santandreu sues Miami-Dade County under the ADA alleging disability discrimination and retaliation.
- He was employed as an engineer in the Water and Sewer Department (2002–2007) with diagnosed conditions in 2004 (high blood pressure, sleep apnea, depressive and anxiety disorders).
- He requested medical leaves of absence beginning January 2006, receiving multiple extensions totaling ~15 months of leave through May 2007.
- In May 2007 the County required his return; he did not return and requested extended leave; the County advised exhaustion of leave and threatened termination.
- A June 2007 proposed Disciplinary Action Report was issued; Santandreu resigned voluntarily on June 21, 2007, then sought to rescind four days later but was denied.
- The County obtained summary judgment on some ADA aspects; trial produced a JMOL against Santandreu on the remaining ADA claims, and the district court held no retaliation or leave accommodation liability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| ADA reasonable accommodation—need for additional leave | Santandreu sought more leave as a reasonable accommodation. | Leave cannot be indefinite; no demonstrated ability to return in a reasonable time. | No reasonable accommodation; indefinite leave not required. |
| ADA reasonable accommodation—transfer to another position | County should transfer to a vacant position as an accommodation. | No qualified alternate position since Santandreu could not perform essential functions. | No duty to transfer; not a qualified individual for any position. |
| Retaliation under the ADA—DAR and protected activity | DAR issuance and retaliation claim presumptively actionable. | No adverse action; resignation was voluntary after options presented. | No adverse action; resignation forecloses retaliation claim. |
| Adverse employment action requirement for retaliation | DAR and disciplinary process constitute adverse action. | Voluntary resignation after being offered return, resignation, or termination. | No adverse action; no liability for retaliation. |
| Scope of EEOC charge affecting retaliation claim | Court did not reach alternative ruling as retaliation issues resolved. |
Key Cases Cited
- Duckett v. Dunlop Tire Corp., 120 F.3d 1222 (11th Cir. 1997) (indefinite leave not a reasonable accommodation under ADA)
- Wood v. Green, 323 F.3d 1309 (11th Cir. 2003) (ADA requires present or near-future ability to perform functions)
- Lucas v. W.W. Grainger, Inc., 257 F.3d 1249 (11th Cir. 2001) (burden on plaintiff to show accommodation enables performance of essential functions)
- Standard v. A.B.E.L. Servs., Inc., 161 F.3d 1318 (11th Cir. 1998) (reasonable accommodation unless undue hardship)
- Hargray v. City of Hallandale, 57 F.3d 1560 (11th Cir. 1995) (voluntary resignation can nullify retaliation claim when options exist)