United States Fifth Circuit
FUZY v. S & B ENG'RS & CONSTRUCTORS, LTD., 02-30472
Assuming that a non-disabled plaintiff could bring a claim under the ADA, 42 U.S.C. section 12112(d), for denial of an application for employment as a pipefitter solely on the basis of his failure to satisfy a lifting requirement, his claim fails where he failed to rebut evidence that the requirement was job-related.
Appellate Information
- Decided 05/23/2003
- Published 05/23/2003
Judges
- DeMOSS, Circuit Judge:, Before DeMOSS and STEWART, Circuit Judges, and FALLON , District Judge.
Court
- United States Fifth Circuit
Counsel
- For Appellant:
- Thomas Joseph Hogan, Jr. (argued), Hogan & Hogan, Hammond, LA, for Plaintiff-Appellant.
- For Appellees:
- Charles C. Garrison (argued), Caffery, Oubre, Campbell & Garrison, New Iberia, LA, for Defendant-Appellee.