Lamont Wilson v. Dollar General Corporation
717 F.3d 337
4th Cir.2013Background
- Wilson, a Dollar General employee, claimed disability discrimination under the ADA and sought a reasonable accommodation; he had severe vision impairment from iritis in February 2010 and later another retina surgery in November 2010; he was terminated after being unable to return to work on April 7, 2010; he filed an EEOC charge in June 2010 and then a Chapter 13 bankruptcy in June 2010; Dollar General moved for summary judgment arguing Wilson lacked standing as a Chapter 13 debtor and that the ADA claim failed on the merits; the district court denied standing challenge but granted summary judgment on the merits; the Fourth Circuit affirmed both standing and merits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a Chapter 13 debtor retains standing to sue pre-petition ADA claims | Wilson retained standing under Chapter 13 | Dollar General argued no standing for pre-petition claims | Yes, Wilson had standing to sue pre-petition ADA claim |
| Whether Wilson was a qualified individual requiring a reasonable accommodation | Requested two days of leave as accommodation | Leave could not enable performance of essential functions | No reasonable accommodation identified; not qualified with proposed leave |
| Whether the district court properly granted summary judgment on the ADA claim on the merits | There were triable issues about accommodation and interactive process | Evidence showed no viable accommodation | Summary judgment affirmed for Dollar General |
Key Cases Cited
- Wissman v. Pittsburgh Nat'l Bank, 942 F.2d 867 (4th Cir. 1991) (non-bankruptcy causes of action may be part of the estate)
- Nat’l Am. Ins. Co. v. Ruppert Landscaping Co., 187 F.3d 439 (4th Cir. 1999) (trustee as real party in interest in Chapter 7 context)
- Smith v. Rockett, 522 F.3d 1080 (10th Cir. 2008) (Chapter 13 debtor standing to assert claims)
- Cable v. Ivy Tech State College, 200 F.3d 467 (7th Cir. 1999) (Chapter 13 debtor concurrent authority to sue on estate)
- Olick v. Parker & Parsley Petroleum Co., 145 F.3d 513 (2d Cir. 1998) (Chapter 13 debtor status provides standing to sue)
- Mar. Elec. Co. v. United Jersey Bank, 959 F.2d 1194 (3d Cir. 1992) (recognizes Chapter 13 standing framework)
- Halpern v. Wake Forest Univ. Health Scis., 669 F.3d 454 (4th Cir. 2012) (leave-based accommodation rulings in ADA context)
- Myers v. Hose, 50 F.3d 278 (4th Cir. 1995) (limits on leave as reasonable accommodation in ADA)