Wednesday, May 28, 2014
Ind. Decisions - 7th Circuit decides one Indiana case today
In Bunn v. Khoury Enterprises (SD Ind., Lawrence), a 16-page opinion, Judge Kanne writes:
Joshua Bunn quit his job at a Dairy Queen franchise and sued the franchisee, his former employer, under the Americans with Disabilities Act. Bunn, who is vision-impaired, believed that the employer failed to accommodate his disability as required by law and that it subjected him to illegal disparate treatment when it reduced his scheduled hours during the winter months. The district court granted the employer’s motion for summary judgment on all claims, and Bunn appealed. After disposing of an initial procedural argument, we find that Bunn’s failure-to-accommodate claim falls short because the employer did reasonably accommodate Bunn’s disability. Next, we find that his disparate treatment claim fails because he has not introduced sufficient evidence to create a triable issue of material fact and because the undisputed facts show that the defendant is entitled to judgment as a matter of law. We affirm the judgment of the district court in all respects. * * *
Bunn’s procedural argument asks us to wrest away from the district court its discretion to interpret and apply its own local rules. We decline to do so. His failure-to-accommodate claim fails because Khoury in fact provided a reasonable accommodation, and his disparate treatment claim fails because he has not produced sufficient evidence to create a triable issue of fact under any method of proof. We AFFIRM the judgment of the district court.
Posted by Marcia Oddi on May 28, 2014 01:44 PM
Posted to Ind. (7th Cir.) Decisions