United States Eleventh Circuit

In suit brought by a paraplegic individual confined to a wheelchair who alleged that his former employer failed to reasonably accommodate his disability in violation of the ADA and the Florida Civil Rights Act of 1992, summary judgment for defendant employer is reversed as: 1) genuine issues of material fact exist concerning whether strict punctuality was an "essential function" of plaintiff's position; and 2) it was error for the district court to hold, in the alternative, that plaintiff is required to present evidence that his employer treated him differently than his non-disabled co-workers where an employer's failure to reasonably accommodate an "otherwise qualified" disabled employee itself constitutes unlawful discrimination, unless the employer can show "undue hardship."

Appellate Information

• Decided 07/19/2007
• Published 07/19/2007

Judges

• MARCUS, Circuit Judge:, Before ANDERSON, MARCUS and HILL, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• George R. Baise, Jr., George R. Baise, Jr., P.A., Bradenton, FL, for Holly., Daniel Vail, EEOC, Washington, DC, for Amicus Curiae, U.S. EEOC.


• For Appellees:
  
• Dock Blanchard, Edwin A. Green, III, Blanchard, Merriam, Adel & Kirkland, P.A., Ocala, FL, for Defendant-Appellee.