United States Eighth Circuit
McPherson v. O'Reilly Automotive, Inc., 06-3846
In an action brought under the Americans with Disabilities Act (ADA), summary judgment for employer is affirmed as: 1) a claim that defendant terminated his employment instead of offering him a vacant position because it regarded him as disabled failed because plaintiff did not show that there were vacant positions available for which he was qualified; and 2) an ADA disclosure claim failed due to a lack of evidence regarding such disclosures.
Appellate Information
- Decided 07/02/2007
- Published 07/02/2007
Judges
- MURPHY, Circuit Judge., Before MURPHY, BEAM, and SHEPHERD, Circuit Judges.
Court
- United States Eighth Circuit
Counsel
- For Appellant:
- Counsel who presented argument on behalf of the appellant was Steven Williby, Kansas City, MO.
- For Appellees:
- Counsel who presented argument on behalf of the appellee was Larry M. Schumaker, Kansas City, MO.