Weems v. Dallas Independent School District, 260 F. Supp. 3d 719

Background

Rodger Weems, a DISD speech teacher, underwent knee surgery in Feb 2013, took FMLA leave, then returned to work with temporary restrictions (motorized scooter for ~1 week, intermittent cane use); restrictions were lifted by physician May 13, 2013.
In March–June 2013 DISD informed Weems his contract would not be renewed due to programmatic/budget changes; he did not request a hearing and the Board nonrenewed his contract.
Weems alleges ADA disability discrimination (actual and "regarded as"), ADEA age discrimination, and Title VII retaliation (he later limited retaliation claim to Title VII), asserting disability, age, and advocacy activity motivated nonrenewal.
DISD moved for summary judgment, also moved to strike portions of Weems’s affidavit and a 2015 DISD policy; Weems did not respond to the motion to strike.
The district court found Weems failed to create genuine disputes: his knee condition was temporary and not shown to substantially limit major life activities or be perceived as a disability; no evidence he was replaced or discharged because of age; and he did not engage in protected Title VII activity or show causation for retaliation.
Court granted summary judgment for DISD on ADA, ADEA, and Title VII retaliation claims, dismissed with prejudice, and sustained objection to the post-2013 DISD policy as unauthenticated.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Weems was "disabled" under the ADA	Knee surgery and use of scooter/cane substantially limited working/walking/standing and thus qualifies as disability	Knee impairment was temporary, limited, and did not substantially limit major life activities	Weems not disabled as a matter of law (temporary/transitory; restrictions lifted)
Whether Weems was "regarded as" disabled under the ADA	Basurto and others knew of his surgery/limitations and thus regarded him as disabled	Impairment was transitory/minor; no evidence employer perceived him as disabled or that perception motivated nonrenewal	Not regarded as disabled as a matter of law
Whether DISD’s stated reason (programmatic/budget reduction) is pretext for ADA/ADEA discrimination	DISD could have placed him in other vacancies; statements by superintendent and anecdotal remarks show age bias	No competent evidence of pretext; Speech course eliminated and not replaced; no proof but-for causation for age claim	Court accepts DISD’s legitimate nondiscriminatory reason; plaintiff fails to show pretext or but-for causation; summary judgment for DISD
Whether Weems engaged in protected activity and suffered Title VII retaliation	Advocacy with NAACP and Alliance-AFT amounted to protected opposition; nonrenewal was retaliatory	No evidence Weems opposed an unlawful practice or participated in Title VII proceedings; decisionmakers unaware of his advocacy; no causal link	Plaintiff did not show protected activity or causal link; retaliation claim fails

Key Cases Cited

Celotex Corp. v. Catrett, 477 U.S. 317 (summary judgment burden-shifting framework)
Anderson v. Liberty Lobby, 477 U.S. 242 (summary judgment standard; genuine dispute for trial)
Reeves v. Sanderson Plumbing Prods., 530 U.S. 133 (employer’s articulated reason and plaintiff’s burden to show pretext)
Matsushita Elec. Indus. Co. v. Zenith Radio, 475 U.S. 574 (court may grant summary judgment when record as a whole cannot lead a reasonable jury to find for nonmovant)
McDonnell Douglas Corp. v. Green, 411 U.S. 792 (prima facie burden-shifting framework for circumstantial discrimination evidence)
Cannon v. Jacobs Field Servs. N. Am., 813 F.3d 586 (5th Cir.) (post-ADAAA disability analysis; substantial limitation in major life activities)
University of Tex. Sw. Med. Ctr. v. Nassar, 570 U.S. 338 (retaliation claims require but-for causation)
Burlington N. & Santa Fe Ry. Co. v. White, 548 U.S. 53 (materially adverse action standard for retaliation)