413 F.3d 1053 | 9th Cir. | 2005
Lead Opinion
Matthew Head appeals the district court’s grant of partial summary judgment in his action against his former employer, Glacier Northwest (“Glacier”), on his claims for disability discrimination under the Americans with Disabilities Act (“ADA”) and Oregon state law on the basis of disability and record of disability. Head also appeals the district court’s exclusion of lay opinion testimony during the trial on his perceived disability and retaliation claims. Finally, Head challenges the district court’s jury instructions requiring him to demonstrate that Glacier discriminated against him “because of’ his perceived disability and retaliated against him “because” of his request for an accommodation. We have jurisdiction pursuant to 28 U.S.C. § 1291. We reverse the grant of summary judgment, affirm the exclusion of lay opinion testimony, vacate the jury
I. FACTS AND PROCEDURAL HISTORY
On June 29, 2001, Glacier, Matthew Head’s employer, terminated him after he got a loader he was operating stuck in the mud. The-loader had to be extracted by another piece of equipment. In terminating Head, Glacier cited damage to the loader in violation of an equipment abuse policy issued in 2000. It was undisputed that Head had received this policy.
In early 2001, prior to his termination, Head was diagnosed with depression or bipolar disorder. Head informed Glacier of this diagnosis. At the time of his diagnosis, Head worked graveyard shift as a barge offloader. Head subsequently missed almost two months of work because of his disability. Head requested, and was granted, a Family Medical Leave of Absence for this time period. Although Head returned to work in May 2001, his doctors restricted him from working more than 12 hours per day or 48 hours per week. The doctors also limited Head to working only the day shift.
After his termination, Head filed numerous claims in federal district court. Of relevance to this appeal were Head’s claims under the ADA and Oregon law for disability discrimination based on Head’s disability, record of disability, or perceived disability, and for retaliation for requesting an accommodation. Glacier moved for summary judgment. In opposition to Glacier’s motion, Head did not submit medical or comparative evidence in support of his claims, but did submit numerous affidavits and other evidence. Ultimately, the district court granted partial summary judgment in favor of Glacier on Head’s discrimination claims based on disability and a record of disability. The court reasoned that Head had failed to demonstrate a genuine issue of material fact regarding substantial impairment because he did not present any medical or comparative evidence to support his claims that his disability substantially impaired any major life activities.
The remainder of Head’s claims, for (1) discrimination under the ADA and Oregon law for perceived disability, and (2) retaliation under the ADA and Oregon law for requesting an accommodation, went to trial. The rest of the issues on appeal relate to facts that occurred during the trial.
During the trial, Head’s counsel asked a lay witness the following question about the incident with the loader that preceded Head’s termination: “Was there anything about the position where Mr. Head was stuck or the location of the loader in the material it was stuck in that caused you to believe that he had violated the equipment abuse policy?” Glacier’s counsel objected. The district court sustained the objection based on its earlier decision that' lay opinion testimony regarding whether Head’s getting the loader stuck constituted equipment abuse would not be allowed. The district court believed that such testimony should not be allowed under Federal Rule of Evidence 701. Accordingly, the witness did not answer counsel’s question.
As the trial neared its conclusion, the court and parties discussed the jury instructions. Of primary concern was whether to give a single-motive “because of’ instruction or a mixed-motive “motivating factor” instruction for Head’s state and ADA-based discrimination and retaliation claims. Relying on Costa v. Desert Palace, Inc.,
Head now appeals the district court’s partial grant of summary judgment, the district court’s exclusion of lay witness testimony regarding whether he violated the equipment abuse policy, and the jury instructions. Head argues that the district court erred by requiring medical and comparative evidence to substantiate the substantial impairment of major life activities at the summary judgment stage. We agree and reverse and remand as to this issue. Head argues that the district court improperly excluded the lay witness testimony. We disagree and affirm as to this issue. Finally, Head argues that the district court erred by giving “because of’ and “because” jury instructions rather than “motivating factor” instructions. We agree, vacate the jury verdict, and remand as to this issue.
II. SUMMARY JUDGMENT
We review the district court’s grant of summary judgment de novo.
We hold that Ninth Circuit precedent does not require comparative or medical evidence to establish a genuine issue of material fact regarding the impairment of a major life activity at the summary judgment stage. Rather, our precedent supports the principle that a plaintiffs testimony may suffice to establish a genuine issue of material fact. McAlindin v. County of San Diego
In McAlindin, we discussed medical evidence, but did not explicitly or otherwise require it.
Fraser also did not require medical or comparative evidence at the summary judgment stage. In Fraser, a diabetic argued that her diabetes substantially limited the major life activities of eating, caring for herself, and thinking and communicating.
Additionally, in rejecting Fraser’s claim that she was substantially limited in caring for herself and thinking and communicating, we faulted the quantity of the evidence presented, not the nature of it.
Because we conclude that plaintiffs need not supply comparative or medical evidence if they provide other adequate evidence, we must now determine whether Head provided adequate evidence in this case. Thus, to determine whether the grant of summary judgment was appropriate, we review Head’s alleged impairment of each major life activity.
A. Sleeping
Sleeping is a major life activity.
[even] after getting on medication my sleeping improved but I still periodically had serious problems. I would pass out for a while immediately after getting home from work. But I would not get a full night’s sleep, and then after I woke up I had great difficulty going to sleep when it was time to go to bed for the night. This went on for months. Even with the medication I usually was only able to sleep five or six hours a night, compared to the seven to nine hours a night I slept prior to my diagnosis. I was drowsy during the day due to the medications and lack of sleep. Some nights even with the help of medications I could not get to sleep for hours or even at all.
Under McAlindin, this is sufficient evidence to preclude summary judgment.
B. Interacting with Others
Interacting with others is a major life activity.
In McAlindin, the testimony of doctors established that McAlindin was always anxious. This led McAlindin “to constrict outside activities and stay away from crowds, shopping centers and any disagreement with his wife.”
In this case, Head’s affidavit alleges that he avoids crowds, stores, large family gatherings, and even doctor’s appointments. Furthermore, Head would not leave the house most weekends before
C. Thinking
Thinking is a major life activity.
My bipolar disorder and/or depression greatly affected my short-term memory and ability to concentrate both before and after I was hospitalized. I could not stay focused on something for more than brief periods. I did not have much of a short-term memory at all. I had to be repeatedly reminded of appointments, or tasks I had to do.... If I looked at written material for too long things just got jumbled in my mind and I would have to stop. I could not sit and focus on an entire television show. In the fall of 2001 I quit school because of my inability to focus or concentrate adequately.
Taken in the light most favorable to Head, these statements indicate that his ability to think was almost constantly impaired at some level. Accordingly, Head has alleged sufficient evidence to demonstrate a substantial impairment in the major life activity of thinking.
D. Reading
At least one court of appeals has held that reading is a major life activity.
“Federal regulations describe major life activities as including functions ‘such as caring for oneself, walking, seeing, hearing, speaking, breathing, learning, and working.’ ”
The ability to read is necessary in many instances to perform major life activities such as caring for oneself, learning, and working. As such, it is of central importance to most people’s daily lives. To be sure, a person will not die merely because he or she cannot read, but that is not the standard. The fact that reading is of comparative importance, and that it is central to most people’s daily lives, establishes that reading is a major life activity.
In his affidavit, Head alleged that “[r]eading was especially difficult. I basically did not read for more than three to five minutes at a time. If I looked at written material for too long things just got jumbled in my mind and I would have to stop.” Taking these allegations in the light most favorable to Head, it appears that his ability to read was substantially impaired by an inability to read more than a few minutes at a time. Accordingly, Head has alleged sufficient evidence to demonstrate a substantial impairment in the major life activity of reading.
We hold that Ninth Circuit precedent does not require comparative or medical evidence to establish a genuine issue of material fact regarding the impairment of a major life activity at the summary judgment stage. Under the facts of this case, Head has made the minimal showing necessary to survive summary judgment on his claims for substantial impairment of the major life activities of sleeping, interacting with others, thinking, and reading. Accordingly, we reverse the district court and remand for a determination on the merits of Head’s claims based on disability and record of disability.
III. TRIAL ERROR
A. Lay Opinion Testimony
We review evidentiary rulings for abuse of discretion.
A lay witness may give opinions that are: “(a) rationally based on the perception of the witness, [and] (b) helpful to a clear understanding of the witnesses] testimony or the determination of a fact in issue....”
Assuming arguendo that the witness had personal knowledge about whether getting the loader stuck was likely to have resulted from equipment abuse, it is unclear how
B. Jury Instructions
Head alleges that the district court erred in giving a “because of’ or “because” instruction as to four of his claims: (1) the state discrimination claim; (2) the ADA discrimination claim; (3) the state retaliation claim; and (4) the ADA retaliation claim. To decide these claims, we must determine the causal standard for each claim and whether the jury instructions appropriately reflected that standard. At its core, the causation standard is a legal question; thus, we review it de novo.
As to the state retaliation claim, the causal standard for retaliation claims under Oregon Revised Statute § 659A.109 is whether “the unlawful motive was a substantial and impermissible factor in the discharge decision.”
1. ADA’s standard of causation
Causation analysis under the ADA is really a question of whether the ADA’s use of the causal language “because of,”
The McNely court analyzed the statutory language,
The McNely court noted that the ADA liability provisions do not contain the word “solely” or any similar terms. It explained that, given the absence of that term from the statute, “unless we can discern a very good reason to read the restrictive term ‘solely’ into two statutory provisions where it is not found, this is a simple case.”
We agree with our sister circuits that a “motivating factor” standard is most consistent with the plain language of the statute and the purposes of the ADA.
2. Jury instructions required under the ADA
Costa explicates the proper approach to formulating jury instructions in an ADA case:
Once at the trial stage, the plaintiff is required to put forward evidence of discrimination “because of’ a protected characteristic. After hearing both parties’ evidence, the district court must decide what legal conclusions the evidence could reasonably support and instruct the jury accordingly.67
The Costa court laid out two alternatives for the trial judge. This approach reflects the fact that although the statute uses “because of’ language, the ADA plaintiff need not show more than that impermissible motives were a “motivating factor” in any adverse action. The approach also reflects the fact that the evidence in a particular case may not suggest more than
Under the first alternative in Cos-ta, if the judge determines that the only reasonable conclusion the jury could reach is that discriminatory animus is the sole reason for the challenged action or that discrimination played no role in the decision, the jury should be instructed to determine whether the challenged action was taken “because of’ the prohibited reason.
The second alternative applies in a case in which the evidence could support a finding that discrimination is one of two or more reasons for the challenged decision, at least one of which may be legitimate. In that case the jury should be instructed to determine whether the discriminatory reason was “a motivating factor” in the challenged action.
At issue in this case regarding Head’s discrimination claims was why Glacier fired him — whether it did so because he violated the equipment policy, because Glacier perceived him as being disabled, or because of some combination of the two. At issue regarding Head’s retaliation claims was whether Glacier fired him because he violated the equipment policy, because he requested a reasonable accommodation, or because of some combination of the two. There was evidence to support a conclusion that each of these reasons had a role in Head’s discharge.
Thus, a jury could have found that Head was fired for violating the equipment abuse policy, because of his perceived disability, or for both reasons. It was error therefore for the court to refuse to give the requested mixed-motive instruction.
3. Prejudice
The district court’s use of “because of’ and “because” jury instructions in this case “does not require reversal if the error was ‘more probably than not harmless.’ ”
As noted, a jury could have found that Head was fired for violating the equipment abuse policy, because of his perceived disability, or both. Under the correct causation standard, the second or third of these findings should have meant liability for Glacier. But the “because of’ instruction given could have allowed a jury to conclude that Head needed to show sole causation and thus to deny liability for Glacier even though the jury had found that both reasons played a role in motivating Glacier’s discharge of Head. Thus, the instructions given improperly favored Glacier.
The record contains no indication that the jury’s verdict was more likely based on the finding that Glacier’s action was based solely on Head’s performance. Thus, it is not possible to conclude that the error in instructions was more likely than not harmless to Head. Because the instructional error cannot be shown to be harmless, we vacate the jury verdict.
IV. CONCLUSION
We conclude that Head has alleged sufficient evidence to demonstrate a substantial impairment in the established major life activities of sleeping, interacting with others, and thinking. Moreover, Head has
REVERSED and REMANDED in part, AFFIRMED in part. Each party shall bear its own costs on appeal.
. 299 F.3d 838 (9th Cir.2002), aff’d, 539 U.S. 90, 123 S.Ct. 2148, 156 L.Ed.2d 84 (2003).
. Id. Costa states that:
*1058 If, based on the evidence, the trial court determines that the only reasonable conclusion a jury could reach is that discriminatory animus is the sole cause for the challenged employment action or that discrimination played no role at all in the employer's decisionmaking, then the jury should be instructed to determine whether the challenged action was taken “because of' the prohibited reason.
In contrast, in cases in which the evidence could support a finding that discrimination is one of two or more reasons for the challenged decision, at least one of which may be legitimate, tire jury should be instructed to determine ... whether the discriminatory reason was “a motivating factor” in the challenged action.
Costa, 299 F.3d at 856-57 (emphasis in original). The district court was correct in assuming that Costa applies to ADA actions. See infra Part III.B.2.
. Fraser v. Goodale, 342 F.3d 1032, 1037 (9th Cir.2003), cert. denied, 541 U.S. 937, 124 S.Ct. 1663, 158 L.Ed.2d 358 (2004).
. Id. at 1036 (quoting Hopkins v. Dow Corning Corp., 33 F.3d 1116, 1121 (9th Cir.1994)) (parallel citation omitted).
. Id. at 1037.
. 192 F.3d 1226 (9th Cir.1999).
. See McAlindin, 192 F.3d at 1235-36.
. Id. at 1235.
. See id.
. Id. at 1235-36.
. Fraser, 342 F.3d at 1041.
. See id. at 1042.
. Id. at 1041-42.
. Id. at 1043-44.
. Id. at 1043 (emphasis added).
. See FTC v. Publ’g Clearing House, Inc., 104 F.3d 1168, 1171 (9th Cir.1997).
. Id.
. Fraser, 342 F.3d at 1040-44.
. Head also argues that he is substantially impaired in the major life activities of caring for himself and concentrating. However, we decline to consider these additional major life activities because Head did not raise them before the district court. See Pfingston v. Ronan Eng’g Co., 284 F.3d 999, 1003-04 (9th Cir.2002).
. McAlindin, 192 F.3d at 1230.
. See id. at 1235.
. See McAlindin, 192 F.3d at 1235.
. Id. at 1230.
. Id. at 1235 (quoting Equal Employment Opportunity Commission, EEOC Enforcement Guidance on the Americans with Disabilities Act and Psychiatric Disabilities 5 (March 25, 1997)).
. Id. at 1235-36.
. Id. at 1235.
. Id.
. Id.
. Id. at 1235-36.
. See Fraser, 342 F.3d at 1043.
. Taylor v. Phoenixville Sch. Dist., 184 F.3d 296, 307 (3d Cir.1999); see Fraser, 342 F.3d at 1044 (recognizing that “thinking and communicating” is a major life activity).
. Fraser, 342 F.3d at 1044.
. See id.
. Although this claim is arguably a subset of Head’s thinking claim, because he alleged it separately in the district court, we discuss it separately.
. Bartlett v. N.Y. State Bd. of Law Examiners, 226 F.3d 69, 80 (2d Cir.2000).
. Fraser, 342 F.3d at 1039 (quoting 45 C.F.R. § 84.3(j)(2)(ii); citing 29 C.F.R. § 1630.2(i)) (emphasis omitted).
. Id. at 1039-40 (quoting Bragdon v. Abbott, 524 U.S. 624, 638, 118 S.Ct. 2196, 141 L.Ed.2d 540 (1998)).
. See id. at 1040.
. See id. at 1039-40.
. See id. at 1043-44.
. See Tritchler v. County of Lake, 358 F.3d 1150, 1155 (9th Cir.2004).
. See SEC v. Coldicutt, 258 F.3d 939, 941 (9th Cir.2001).
. See Tritchler, 358 F.3d at 1155.
. Fed. R. Evid. 701.
. Id.
. Costa, 299 F.3d at 858.
. Tritchler, 358 F.3d at 1154.
. Mockler v. Multnomah County, 140 F.3d 808, 812 (9th Cir.1998) (citing Coursen v. A.H. Robins Co., 764 F.2d 1329, 1337 (9th Cir.1985)).
. McPhail v. Milwaukie Lumber Co., 165 Or.App. 596, 999 P.2d 1144, 1149 (2000). Unlike the Oregon state disability claim, retaliation claims under Oregon Revised Statute § 659A.109 are not within the sections to be construed in accordance with the ADA. See Or. Rev. Stat. § 659A.139 (stating “ORS 659A.112 to 659A.139” are construed in accordance with the ADA).
. The causal standard under Oregon Revised Statute § 659A.112 (Employment discrimination against disabled persons), “shall be construed to the extent possible in a manner that is consistent with any similar provisions of the [ADA].” Or. Rev. Stat. § 659A.139. Consequently, our decision regarding causation under the ADA resolves the determination of causation for a discrimination claim under Oregon law.
. We hold that the ADA "motivating factor” standard for retaliation claims is a similar standard to Oregon's “substantial and impermissible factor” causation standard. See McPhail, 999 P.2d at 1149. Accordingly, the discussion below regarding the required jury instruction and prejudice in sections II1.B.2 and 3 applies to the Oregon state law retaliation claim as well as the ADA-based claims.
. 42 U.S.C. § 12112(a). Title I applies to the private sector and states that: “No covered entity shall discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advance
. 42 U.S.C. § 12132. Title II applies to the public sector and states that: "Subject to the provisions of this subchapter, no qualified individual with -a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.” Id. (emphasis added).
. 42 U.S.C. § 12203(a). Title IV of the ADA precludes retaliation against employees who seek to enforce their statutory rights under the ADA. McNely v. Ocala Star-Banner Corp., 99 F.3d 1068, 1073 (11th Cir.1996). Title IV states that: "No person shall discriminate against any individual because such individual has opposed any act or practice made unlawful by this chapter or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this chapter.” 42 U.S.C. § 12203(a) (emphasis added).
. Parker v. Columbia Pictures Indus., 204 F.3d 326, 337 (2d Cir.2000); Baird ex rel. Baird v. Rose, 192 F.3d 462, 470 (4th Cir.1999); Foster v. Arthur Andersen, LLP, 168 F.3d 1029, 1033-34 (7th Cir.1999); McNely, 99 F.3d at 1076; Katz v. City Metal Co., 87 F.3d 26, 33 (1st Cir.1996); Buchanan v. City of San Antonio, 85 F.3d 196, 200 (5th Cir.1996); Pedigo v. P.A.M. Transp., Inc., 60 F.3d 1300, 1301 (8th Cir.1995). But see Hedrick v. W. Reserve Care Syst., 355 F.3d 444, 454 (6th Cir.2004) (holding that ADA plaintiff must show that disability was sole reason for adverse employment action).
. McNely, 99 F.3d at 1073-74.
. Id. at 1074-75.
. Id. at 1075-76.
. Id. at 1077.
. Id. at 1073.
. Id. at 1074.
. Id. (quoting 42 U.S.C. § 12101(b)(1)).
. Parker, 204 F.3d at 337 (explaining that removal of the word "solely” from the causation standard of the ADA, the broad purpose of the ADA, and the causation standards applicable to Title VII, "suggest [] forcefully that Congress intended the [ADA] to reach beyond the Rehabilitation Act to cover situations in which discrimination on the basis of disability is one factor, but not the only factor, motivating an adverse employment action”); Baird, 192 F.3d at 470; Foster, 168 F.3d at 1033; Katz, 87 F.3d at 33; Buchanan, 85 F.3d at 200; Pedigo, 60 F.3d at 1301. In McNely, the Eleventh Circuit described the "because of” standard as conveying in ordinary usage "the idea of a factor that made a difference in the outcome ... [—] a 'but-for' liability standard.” McNely, 99 F.3d at 1077.
. See, e.g., Hernandez v. Hughes Missile Sys. Co., 362 F.3d 564, 568 (9th Cir.2004); Snead v. Metro. Prop. & Cas. Ins. Co., 237 F.3d 1080, 1094 (9th Cir.2001).
. Hernandez, 362 F.3d at 568 (quoting Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133, 141, 120 S.Ct. 2097, 147 L.Ed.2d 105 (2000)) (internal alterations and quotation marks omitted) (emphasis added).
. Snead, 237 F.3d at 1094 (citing Texas Dep’t of Cmty. Affairs v. Burdine, 450 U.S. 248, 256, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981)).
. 299 F.3d at 856. Costa, though a Title VII case, applies equally in the ADA context. Cf. Hernandez v. Hughes Missile Systs. Co., 362 F.3d 564, 568 (9th Cir.2004) (drawing on Title VII precedent to set out plaintiff's burden in ADA case); Snead v. Metro. Property & Cas. Ins. Co., 237 F.3d 1080, 1093 (9th Cir.2001) (holding that Title VII analysis applies in ADA case). See also Baird, 192 F.3d at 470 (holding Title VII causation standard applicable under the ADA); Foster v. Arthur Andersen, LLP, 168 F.3d 1029, 1033 (7th Cir.1999) (same).
. Id. at 856-57.
. Mockler, 140 F.3d at 812.
. Id.
Concurrence Opinion
Specially Concurring.
I concur in the judgment and in all of the court’s opinion except Note 2 and Part III.B.2. I disagree with the court’s conclusion that the district court should choose between a “because of’ instruction or a motivating factor instruction in ADA cases. That conclusion contradicts our holdings in Part III.B.1 and Part III.B.3. In addition, it inappropriately imports a Title VII standard that does not apply in the ADA context.
In Part III.B.1 we hold that “the ADA outlaws adverse employment decisions motivated, even in part, by animus based on a plaintiffs disability or request for an accommodation — -a motivating factor standard.”
In Part III.B.3 we hold that the district court’s use of “because of’ and “because” jury instructions in this case was prejudicial because a jury may impermissibly infer a “sole” causation requirement from a “because of’ instruction.
The majority’s approach in Part III.B.2 directly contradicts the holdings described above. It would require the trial court to give a “because of’ instruction if it “determines that the only reasonable conclusion the jury could reach is that discriminatory animus is the sole reason for the challenged action or that discrimination played no role in the decision.”
The majority arrives at its internally contradictory opinion because it imports a standard borrowed from Costa v. Desert Palace, Inc.,
The choice of jury instructions makes sense in the Title VII context. However, it does not make sense to transfer Title VII’s approach to the choice of jury instructions in an ADA case.
For these reasons, I cannot join in Note 2 and Part III.B.2 of the majority’s opinion. Under our decision, only a “motivating factor” jury instruction is appropriate in an ADA case.
. Majority Opinion at 1065.
. Id. at 1065.
. Id. at 1066.
. Id. at 1066.
. Id. at 1066.
. See id. at 1066 (acknowledging that a jury may infer a "sole” causation requirement from a "because of" instruction).
. See White v. Ford Motor Co., 312 F.3d 998, 1012 (9th Cir.2002) ("Jury instructions must fairly and adequately cover the issues presented, must correctly state the law, and must not be misleading.”). Majority Opinion at 1066.
. 299 F.3d 838 (9th Cir.2002), aff’d 539 U.S. 90, 123 S.Ct. 2148, 156 L.Ed.2d 84 (2003).
. Costa, 299 F.3d at 856.
. Id. (emphasis in original).
. Id. at 857. Despite these differing jury instructions, we emphasized that regardless of the instruction given, plaintiff's ultimate burden under Title VII is to show an adverse employment decision "because of” discrimination. Id.
. Many aspects of the Title VII context do transfer to the ADA context. See, e.g., Snead v. Metro. Prop. & Cas. Ins. Co., 237 F.3d 1080, 1093 (9th Cir.2001).
. See 42 U.S.C. §§ 2000e-2, 12112(a), 12132, 12203(a).
. 42 U.S.C. § 2000e-5(g)(2)(B). This section provides:
On a claim in which an individual proves a violation under section 2000e-2(m) of this title and a respondent demonstrates that the respondent would have taken the same action in the absence of the impermissible motivating factor, the court—
(i) may grant declaratory relief, injunctive relief (except as provided in clause (ii)), and attorney’s fees and costs demonstrated to be directly attributable only to the pursuit of a claim under section 2000e-2(m) of this title; and
(ii) shall not award damages or issue an order requiring any admission, reinstatement, hiring, promotion, or payment, described in subparagraph (A).
Id.
. Id.
. Id.
. Furthermore, in light of the fact that a plaintiff need only show that discriminatory animus partially motivated the challenged action, regardless of the evidence actually presented, it is a waste of scarce judicial resources to require district courts to make this unnecessary determination in an ADA case.
