United States Tenth Circuit

In an action alleging plaintiff's employer, UPS, terminated him in retaliation for filing administrative charges of disability discrimination in violation of the American with Disabilities Act (ADA), and for filing workers' compensation claims in violation of Kansas law, summary judgment for UPS is affirmed as: 1) for purposes of the ADA claim, plaintiff failed to show that a causal connection exists between the filing of administrative charges and his discharge, and he failed to show that the reasons UPS gave for his discharge were pretext; and 2) for purposes of the state law claim, even if it was assumed that plaintiff established a prima facie case based on temporal proximity, he did not present evidence sufficient to create a genuine issue of material fact regarding UPS's motive for terminating him.

Appellate Information

• Decided 09/18/2007
• Published 09/19/2007

Judges

• TACHA, Chief Circuit Judge., Before TACHA, Chief Circuit Judge, TYMKOVICH, and HOLMES, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Alan V. Johnson (Stephen D. Lanterman, with him on the briefs), Sloan, Eisenbarth, Glassman, McEntire & Jarboe, L.L.C., Topeka, KS, appearing for Appellant.


• For Appellees:
  
• Daniel K. O'Toole, Armstrong Teasdale LLP, St. Louis, MO, appearing for Appellee.