United States Sixth Circuit

In an action against plaintiff's former employer raising claims under the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), and state law, summary judgment for defendant is affirmed in part and reversed in part where: 1) for purposes of disability discrimination claims, plaintiff failed to demonstrate adequately that defendant regarded him as disabled from the major life activity of working; 2) as to an FMLA retaliation claim, the district court erred in utilizing the indirect evidence approach where there existed direct evidence of discrimination, and it was a question for the trier of fact whether defendant would have made the same decision to discharge plaintiff absent the impermissible motivation.

Appellate Information

• Decided 10/16/2008
• Published 10/16/2008

Judges

• Before:  MOORE and GRIFFIN, Circuit Judges;  GRAHAM, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Richard N. Selby II, Dworken & Bernstein, Painesville, Ohio, for Appellant.  Christine T. Cossler, Walter & Haverfield, Cleveland, Ohio, for Appellee.   ON BRIEF:  Richard N. Selby II, Dworken & Bernstein, Painesville, Ohio, for Appellant.  Christine T. Cossler, Eric J. Johnson, Walter & Haverfield, Cleveland, Ohio, for Appellee.