423 F. App'x 933
11th Cir.2011Background
- Wetherbee appeals a district court grant of summary judgment for Southern Nuclear on his ADA discrimination claim.
- Wetherbee contends Southern Nuclear revoked a job offer after learning he has bipolar disorder.
- Wetherbee also alleges a § 12112(d)(3) claim alleging misuses of post-offer medical examinations/inquiries.
- The district court held no prima facie ADA discrimination and did not address the § 12112(d)(3) claim.
- This court affirms the discrimination ruling but remands for a reasoned order addressing the § 12112(d)(3) claim.
- The court notes Wetherbee abandoned the prima facie issue due to waiver/briefing limitations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Wetherbee establish a prima facie ADA discrimination? | Wetherbee argues disability and qualification showings were met. | Southern Nuclear contends no prima facie showing of disability or qualified status. | Affirmed summary judgment on discrimination; failure to establish prima facie case. |
| Whether § 12112(d)(3) claim requires disability and proper district court reasoning is needed | Wetherbee asserts § 12112(d)(3) validity and misuses in post-offer exams. | Southern Nuclear disputes the appropriate scrutiny and district court analysis. | Remanded for a reasoned district court order addressing § 12112(d)(3). |
Key Cases Cited
- Witter v. Delta Air Lines, Inc., 138 F.3d 1366 (11th Cir. 1998) (setup for de novo review of summary judgment on ADA issues)
- Williams v. Motorola, Inc., 303 F.3d 1284 (11th Cir. 2002) (prima facie ADA elements: disability, qualification, discrimination)
- Carruthers v. BSA Adver., Inc., 357 F.3d 1213 (11th Cir. 2004) (ADA prima facie framework reiteration)
- Four Seasons Hotels & Resorts, B.V. v. Conscorcio Barr S.A., 377 F.3d 1164 (11th Cir. 2004) (rejection of incorporating arguments by reference; briefing requirements)
- Danley v. Allen, 480 F.3d 1090 (11th Cir. 2007) (remand when district court provides insufficient reasoning)
- Hartsfield v. Lemacks, 50 F.3d 950 (11th Cir. 1995) (abandonment rule for arguments on appeal)
- Marek v. Singletary, 62 F.3d 1295 (11th Cir. 1995) (abandonment/waiver in appellate briefing controls)
- Long v. Satz, 181 F.3d 1275 (11th Cir. 1999) (procedural requirements for amended pleadings and claims)
- United States ex rel. Atkins v. McInteer, 470 F.3d 1350 (11th Cir. 2006) (approval of amendment standards and related pleading mechanics)