As a threshold requirement in an ADA claim, the plaintiff must establish that he has a disability.
A mechanic terminated during a reduction in force while recovering from ankle surgery appeals a summary judgment affirming his former employer's defense against Americans with Disabilities Act and ERISA claims. The court addresses whether the plaintiff's temporary ankle impairment constitutes a disability and whether his absence from work precludes qualified individual status. The court applies the rule that a plaintiff must establish a disability as a threshold requirement and that an employee unable to attend work is not qualified for the position. The court holds that the temporary impairment did not substantially limit major life activities and that indefinite leave is not a required reasonable accommodation, affirming the judgment.
At page 759 Determining if temporary impairment constitutes a disability53 citing casesessential element of any government job is an ability to appear for work and , to complete assigned tasks within reasonable period of time
- Kittilsen v. Gen. Supply & Servs. Inc, No. 3:18-cv-00931 (N.D. Tex. Aug. 19, 2020). ([a]n essential element of any ... job is an ability to appear for work ... and to complete assigned tasks within a reasonable period of time)
- Grubb v. Sw. Airlines, 296 F. App'x 383 (5th Cir. 2008).unpublished ([R]easonable accommodation is by its terms most logically construed as that which presently, or in the immediate future, enables the employee to perform the essential functions of the job....)
- Hypes v. First Com. Corp, No. 96-31133 (5th Cir. Feb. 12, 1998).published([a]n essential element of any government job is an ability to appear for work ... and to complete assigned tasks within a reasonable period of time)
- In re Carnegie Ctr. Assocs., Debtor. Deborah Rhett, Appellant, v. Carnegie Ctr. Assocs., 129 F.3d 290 (3d Cir. 1997).published See Rogers v. International Marine Terminals, Inc., 87 F.3d 755, 758 (5th Cir. 1996) ("[T]emporary conditions that are not chronic usually do not rise to the level of a `disability.' ") and (Taylor v. Dover Elevator Systems, Inc., 917 F.Su…
- Zuech, No. 1:24-cv-00038 (D. Utah July 30, 2026).“an essential element of any job is an ability to appear for work . . .”
- Beth Carnicella v. Mercy Hosp., 2017 ME 161, 168 A.3d 768.published“plaintiff remained unavailable for work until released by his physician . . . . because he could not attend work, he is not a 'qualified individual with a disability' under the ada.”
- Cisneros v. Wilson, 226 F.3d 1113 (10th Cir. 2000).published“an essential element of any job is an ability to appear for work. . . .”
- Mason-Kelly, No. 4:23-cv-03185 (S.D. Tex. Mar. 9, 2026).Rogers, 87 F.3d at 759; Amsel, 464 Fed. App’x at 400.
- Robert Moss v. Harris Cty Constable Precinct, 851 F.3d 413 (5th Cir. 2017).publishedSee Delaval, 824 F.3d at 481 ; Rogers, 87 F.3d at 759-60 (“[R]ea-sonable accommodation is by its terms ... that which presently, or in the immediate future, enables the employee to perform the essential functions of the job in question.” (…
- Equal Emp. Opportunity Comm'n v. Methodist Hospitals of Dallas, 218 F. Supp. 3d 495 (N.D. Tex. 2016).published (holding that “[b]ecause [the plaintiff] could not attend work, he is not a ‘qualified individual with a disability’ under the ADA)
Show 42 more citing cases
- Reynaldo Alvara v. Dep't of Homeland Sec., 2014 MSPB 77 (MSPB 2014).publishedSee, e.g., 18 Rios-Jiminez v. Principi, 520 F.3d 31, 42 (1st Cir. 2008) (“at the risk of stating the obvious, attendance is an essential function of any job”); Mason v. Avaya Communications, Inc., 357 F.3d 1114, 1122 (10th Cir. 2004) (phys…
- Wallace v. Eckert, Seamans, Cherin & Mellott, LLC, 57 A.3d 943 (D.C. 2012).publishedIn Rogers, the court concluded that the physical impairments relied upon were not “either chronic or severe enough to constitute a disability under the ADA.” Id. at 759.
- Bennett v. Calabrian Chemicals Corp., 324 F. Supp. 2d 815 (E.D. Tex. 2004).published The record reflects that Bennett was, in the opinion of Dr. Foley, totally disabled from the date of his surgery, October 31, 2001, through November 26, 2001, at which time he was released to return to work. *831 While Bennett may have bee…
- Columbia Plaza Med. Ctr. of Fort Worth Subsidiary, L.P. v. Szurek, 101 S.W.3d 161 (Tex. App.—Fort Worth 2003).published (holding same with regard to recovery from ankle injury and surgery)
- Columbia Plaza Med. Ctr. of Fort Worth Subsidiary, L.P. v. Carol Szurek, No. 02-01-00394-CV (Tex. App.—Fort Worth Mar. 6, 2003).published (holding same with regard to recovery from ankle injury and surgery)
- Brissette v. Franklin Cnty., 235 F. Supp. 2d 63 (D. Mass. 2003).publishedSee Leary v. Dalton, 58 F.3d 748, 753 (1st Cir.1995) (finding in a case under the ADA that an “essential function” of employment was showing up for work as scheduled); Garcia-Ayala v. Lederle Parenterals, Inc., 212 F.3d 638, 650 (1st Cir.2…
- Barnes v. Nw. Iowa Health Ctr., 238 F. Supp. 2d 1053 (N.D. Iowa 2002).published(Because [the plaintiff] could not attend work, he [was] not a 'qualified individual with a disability' under the ADA.)
- Peter v. Lincoln Technical Inst., Inc., 255 F. Supp. 2d 417 (E.D. Pa. 2002).publishedNov. 23, 1999); Myers v. Hose, 50 F.3d 278, 283 (4th Cir.1995) (stating that reasonable accommodation does not require employer to wait indefinite period); Rogers v. International Marine Terminals, Inc., 87 F.3d 755, 759-60 (5th Cir.1996)…
- Nowak v. St. Rita High Sch., 757 N.E.2d 471 (Ill. 2001).published Anthony Medical Center, Inc., 117 F.3d 1051, 1053 (7th Cir. 1997)) and that an employee who cannot attend work is not a “qualified individual with a disability” under the ADA (Rogers v. International Marine Terminals, Inc., 87 F.3d 755, 75…
- Lottinger v. Shell Oil Co., 143 F. Supp. 2d 743 (S.D. Tex. 2001).published See Hamilton, 136 F.3d at 1050 ; Sherrod v. American Airlines, Inc., 132 F.3d 1112, 1119 (5th Cir.1998); Rogers, 87 F.3d at 758. “[W]hether a person has a disability under the ADA is an individualized inquiry.” Sutton v. United Air Lines,…
- Eber v. Harris Cnty. Hosp. Dist., 130 F. Supp. 2d 847 (S.D. Tex. 2001).published See Hamilton, 136 F.3d at 1050 ; Sherrod v. American Airlines, Inc., 132 F.3d 1112, 1119 (5th Cir.1998); Rogers v. International Marine Terminals, Inc., 87 F.3d 755, 758 (5th Cir.1996).
- Soletro v. Nat'l Fed'n of Indep. Bus., 130 F. Supp. 2d 906 (N.D. Ohio 2001).published(finding that an employee who was unable to work at the time of his discharge was not able to perform essential functions of his job and thus was not a “qualified individual with a disability” within meaning of the ADA)
- Cousins v. Howell Corp., 113 F. Supp. 2d 262 (D. Conn. 2000).publishedRita High School, 142 F.3d at 1004 (“The ADA does not require an employer to accommodate an employee who suffers a prolonged illness by allowing him an indefinite leave of absence.”); Monette v. Electronic Data Systems Corp., 90 F.3d 1173,…
- Garrett v. Autozone Inc, No. 99-41324 (5th Cir. June 27, 2000).unpublishedSee Deas v. River West, L.P., 152 F.3d 471, 481 (5th Cir. 1998) (rejecting a claim where the plaintiff showed his employer viewed him as unable to perform a specific job but where “[t]here is no evidence that either [supervisor] thought th…
- Zenaida Garc A-Ayala v. Lederle Parenterals, Inc., 212 F.3d 638 (1st Cir. 2000).published Inc., 162 F.3d 924, 928 (7th Cir. 1998); Duckett v. Dunlop Tire Corp., 120 F.3d 1222, 1226 (11th Cir. 1997) (per curiam); Rogers v. International Marine Terminals, Inc., 87 F.3d 755, 759-60 (5th Cir. 1996); where the employee's absences fr…
- Boriski v. City of Coll. Station, 65 F. Supp. 2d 493 (S.D. Tex. 1999).published(essential element of any government job is an ability to appear for work and , to complete assigned tasks within reasonable period of time)
- Lawrence A. Mitchell, Jr. v. Washingtonville Cent. Sch. Dist., 190 F.3d 1 (2d Cir. 1999).publishedRita High Sch., 142 F.3d 999, 1004 (7th Cir.1998) (“The ADA does not require an employer to accommodate an-employee who suffers a prolonged illness by allowing him an indefinite leave of absence.”); Rogers v. International Marine Terminals…
- Smith v. United Parcel Serv., 50 F. Supp. 2d 649 (S.D. Tex. 1999).publishedSee, e.g., Talk v. Delta Airlines, Inc., 165 F.3d 1021, 1025 (5th Cir.1999) (holding that a leg deformity which caused moderate difficulty in walking and a limp resulting in walking at a “significantly slower pace than the average person”…
- Armstrong v. Turner Indus., Ltd., 950 F. Supp. 162 (M.D. La. 1996).published
- Burch v. Coca-Cola Co, 119 F.3d 305 (5th Cir. 1997).published
- Bazile v. AT&T, No. 19-50506 (5th Cir. Apr. 24, 1998).unpublished
- Deas v. River West, L.P., 152 F.3d 471 (5th Cir. 1998).published
- Johnson v. Exxon Co USA, No. 98-20172 (5th Cir. June 22, 1999).unpublished
- Reed v. Petroleum Helicopters, Inc., 218 F.3d 477 (5th Cir. 2000).published
- Watkins v. J & S Oil Co., 164 F.3d 55 (1st Cir. 1998).published
- Shirley Weigel v. Target Stores, 122 F.3d 461 (7th Cir. 1997).published
- David L. Hypes v. First Com. Corp., 134 F.3d 721 (1st Cir. 1998).published
- Ronald Nowak v. St. Rita High Sch., 142 F.3d 999 (7th Cir. 1998).published
- Mitchell v. Washingtonville Cent. Sch. Dist., 992 F. Supp. 395 (S.D.N.Y. 1998).published
- Henderson v. New York Life, Inc., 991 F. Supp. 527 (N.D. Tex. 1997).published
- Williams v. Houston Lighting & Power Co., 980 F. Supp. 879 (S.D. Tex. 1997).published
- McKey v. Occidental Chem. Corp., 956 F. Supp. 1313 (S.D. Tex. 1997).published
- Scheer v. City of Cedar Rapids, 956 F. Supp. 1496 (N.D. Iowa 1997).published
- Taylor v. Blue Cross & Blue Shield of Texas, Inc., 55 F. Supp. 2d 604 (N.D. Tex. 1999).published
- Messick v. Sears, Roebuck & Co., 89 F. Supp. 2d 848 (W.D. Tex. 2000).published
- Bray v. Nat'l Servs. Indus., Inc., 209 F. Supp. 2d 1343 (M.D. Ga. 2001).published
- Pate v. Baker Tanks Gulf South, Inc., 34 F. Supp. 2d 411 (W.D. La. 1999).published
- Schwertfager v. City of Boynton Beach, 42 F. Supp. 2d 1347 (S.D. Fla. 1999).published
- Parker v. Sony Pictures Ent., Inc., 19 F. Supp. 2d 141 (S.D.N.Y. 1998).published
- Watkins v. J & S Oil, No. 98-1002 (1st Cir. Dec. 30, 1998).published
- Molly Barzen v. Carlson Co., No. 98-1985 (8th Cir. Mar. 5, 1999).unpublished
- Phillips v. Jackson Pub. Sch. Dist., No. 3:22-cv-00223 (S.D. Miss. Nov. 9, 2023).
At page 758 Determining if temporary conditions constitute a disability37 citing cases“as a threshold requirement in an ada claim, the plaintiff must, of course, establish that he has a disability.”
- In re Carnegie Ctr. Assocs., Debtor. Deborah Rhett, Appellant, v. Carnegie Ctr. Assocs., 129 F.3d 290 (3d Cir. 1997).published ([T]emporary conditions that are not chronic usually do not rise to the level of a `disability.')
- Timothy Williams v. Houston Cmty. Coll., No. 4:25-cv-03027 (S.D. Tex. Apr. 28, 2026).“As a threshold requirement in an ADA claim, the plaintiff must, of course, establish that he has a disability.” Rogers v. International Marine Terminals, Inc., 87 F.3d 755, 758 (5th Cir. 1996).
- Alleman v. Louisiana, Dep't of Econ. Dev., 698 F. Supp. 2d 644 (M.D. La. 2010).publishedRogers v. International Marine Terminals, Inc., 87 F.3d 755, 758 (5th Cir.1996); Bridges v. City of Bossier, 92 F.3d 329, 331 (5th Cir.1996), cert. denied, 519 U.S. 1093 , 117 S.Ct. 770 , 136 L.Ed.2d 715 (1997).
- Evans v. Texas Dep't of Transp., 547 F. Supp. 2d 626 (E.D. Tex. 2007).published Co., 136 F.3d 1047, 1050 (5th Cir.1998); Sherrod v. American Airlines, Inc., 132 F.3d 1112, 1119 (5th Cir.1998); Rogers v. International Marine Terminals, Inc., 87 F.3d 755, 758 (5th Cir.1996). “[W]hether a person has a disability under th…
- Wilkinson v. Potter, 442 F. Supp. 2d 304 (M.D. La. 2006).publishedCo., 92 F.3d 336, 338 (5th Cir.1996); Rogers v. Int’l Marine Terminals, Inc., 87 F.3d 755, 758 (5th Cir.1996). 13 .
- Donaldson v. Burlington Indust, No. 03-51362 (5th Cir. Aug. 31, 2004).unpublishedThe ADA claim The ADA proscribes employment discrimination “against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of emp…
- Bennett v. Calabrian Chemicals Corp., 324 F. Supp. 2d 815 (E.D. Tex. 2004).published The record reflects that Bennett was, in the opinion of Dr. Foley, totally disabled from the date of his surgery, October 31, 2001, through November 26, 2001, at which time he was released to return to work. *831 While Bennett may have bee…
- W.Y.N.N. v. Whitney Holding Corp., 220 F. Supp. 2d 582 (M.D. La. 2002).publishedHamilton, 136 F.3d at 1049 , citing Rogers v. International Marine Terminals, Inc., 87 F.3d 755, 758 (5th Cir.1996). 15 . 42 U.S.C. § 12102 (2). 16 . 29 CFR§ 1630.2(i). 17 . 29 CFR§ 1630.2(j). 18 .
- Lottinger v. Shell Oil Co., 143 F. Supp. 2d 743 (S.D. Tex. 2001).published See Hamilton, 136 F.3d at 1050 ; Sherrod v. American Airlines, Inc., 132 F.3d 1112, 1119 (5th Cir.1998); Rogers, 87 F.3d at 758. “[W]hether a person has a disability under the ADA is an individualized inquiry.” Sutton v. United Air Lines,…
- Eber v. Harris Cnty. Hosp. Dist., 130 F. Supp. 2d 847 (S.D. Tex. 2001).published See Hamilton, 136 F.3d at 1050 ; Sherrod v. American Airlines, Inc., 132 F.3d 1112, 1119 (5th Cir.1998); Rogers v. International Marine Terminals, Inc., 87 F.3d 755, 758 (5th Cir.1996).
Show 26 more citing cases
- Namas Noor SDN BHD v. Williams, 112 F. Supp. 2d 580 (M.D. La. 2000).publishedCo., 92 F.3d 336, 338 (5th Cir.1996); Rogers v. Int’l Marine Terminals, Inc., 87 F.3d 755, 758 (5th Cir.1996). 4 .
- Todd v. Academy Corp., 57 F. Supp. 2d 448 (S.D. Tex. 1999).publishedTalk , 165 F.3d at *452 1024 (citing Rogers v. International Marine Terminals, Inc., 87 F.3d 755, 758 (5th Cir.1996)).
- Talk v. Delta Airlines Inc, No. 98-10245 (5th Cir. Apr. 22, 1999).publishedRogers v. International Marine Terminals, Inc., 87 F. 3d 755, 758 (5th Cir. 1996)(ADA); McIntyre v. Kroger Co., 863 F. Supp. 355, 357 (N.D.
- Bridges v. City of Bossier, 92 F.3d 329 (5th Cir. 1996).published
- Plumley v. Landmark Chevrolet, Inc, 122 F.3d 308 (5th Cir. 1997).published
- Hamilton v. Sw. Bell Tel. Co., 136 F.3d 1047 (5th Cir. 1998).published
- Kemp v. Holder, 610 F.3d 231 (5th Cir. 2010).published
- Connie J. Talk v. Delta Airlines, Inc., 165 F.3d 1021 (5th Cir. 1999).published
- Cannizzaro v. Neiman Marcus, Inc., 979 F. Supp. 465 (N.D. Tex. 1997).published
- Ingles v. Neiman Marcus Grp., 974 F. Supp. 996 (S.D. Tex. 1997).published
- Horth v. Gen. Dynamics Land Sys., Inc., 960 F. Supp. 873 (M.D. Pa. 1997).published
- Howard v. North Mississippi Med. Ctr., 939 F. Supp. 505 (N.D. Miss. 1996).published
- David L. Aldridge Co. v. Microsoft Corp., 995 F. Supp. 728 (S.D. Tex. 1998).published
- Pick v. Am. Med. Sys., Inc., 958 F. Supp. 1151 (E.D. La. 1997).published
- Armstrong v. Turner Indus., Ltd., 950 F. Supp. 162 (M.D. La. 1996).published
- Lowrey v. Texas a & M Univ. Sys., 11 F. Supp. 2d 895 (S.D. Tex. 1998).published
- St. Luke's Episcopal Hosp. v. Great West Life & Annuity Ins. Co, 38 F. Supp. 2d 497 (S.D. Tex. 1999).published
- CICCorp., Inc. v. Aimtech Corp., 32 F. Supp. 2d 425 (S.D. Tex. 1998).published
- Lain v. UNUM Life Ins. Co. of Am., 27 F. Supp. 2d 926 (S.D. Tex. 1998).published
- Equal Emp. Opportunity Comm'n v. Agro Distributors, LLC, 442 F. Supp. 2d 357 (S.D. Miss. 2006).published
- Beaver v. Delta Air Lines, Inc., 43 F. Supp. 2d 685 (N.D. Tex. 1999).published
- Gazda v. Pioneer Chlor Alkali Co., 10 F. Supp. 2d 656 (S.D. Tex. 1997).published
- North Star Steel Texas, Inc. v. Entergy Gulf States, Inc., 33 F. Supp. 2d 557 (S.D. Tex. 1998).published
- Waldrip v. Gen. Elec. Co., 325 F.3d 652 (5th Cir. 2003).published
- Ridley v. Nw. Louisiana Technical Coll., No. 5:20-cv-01517 (W.D. La. June 1, 2021).
- Ross v. Moody, No. 3:20-cv-01690 (N.D. Tex. Dec. 4, 2023).
At page 761 Demonstrating specific discriminatory intent under ERISA12 citing cases“climbing is not such a basic, necessary function and this court does not consider it to qualify as a major life activity under the ada.”
- Cortez v. Raytheon Co., 663 F. Supp. 2d 514 (N.D. Tex. 2009).published Holtzclaw v. DSC Communications Corp., 255 F.3d 254, 260 (5th Cir.2001) (citing Rogers, 87 F.3d at 761).
- Miles-Hickman v. David Powers Homes, Inc., 589 F. Supp. 2d 849 (S.D. Tex. 2008).publishedRogers, 87 F.3d at 761; see also Kouvchinov v. Parametric Tech.
- Boudreaux v. Rice Palace, Inc., 491 F. Supp. 2d 625 (W.D. La. 2007).publishedId.; Rogers v. International Marine Terminals, Inc., 87 F.3d 755, 761 (5th Cir.1996).
- Kirby v. SBC Servs., Inc., 391 F. Supp. 2d 445 (N.D. Tex. 2005).publishedId; Rogers v. International Marine Terminals, Inc., 87 F.3d 755, 761 (5th Cir.1996).
- Thomas Larimer v. Int'l Bus. MacHines Corp., 370 F.3d 698 (7th Cir. 2004).published Cf. Rogers v. International Marine Terminals, Inc., 87 F.3d 755, 761 (5th Cir.1996).
- Rodriguez v. Mrs Baird's Bakery, No. 95-50923 (5th Cir. Apr. 7, 1997).unpublished
- Stafford v. True Temper Sports, 123 F.3d 291 (5th Cir. 1997).published
- Burditt v. Kerr-McGee Chem. Corp., 982 F. Supp. 404 (N.D. Miss. 1997).published
- Smith v. Gencorp, Inc., 971 F. Supp. 1071 (N.D. Miss. 1997).published
- Morris v. Winnebago Indus., Inc., 950 F. Supp. 918 (N.D. Iowa 1996).published
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- Reyes-Garay v. Integrand Assurance Co., 818 F. Supp. 2d 414 (D.P.R. 2011).published
- Harding v. Cianbro Corp., 436 F. Supp. 2d 153 (D. Me. 2006).published
At page 760 Defining the scope of reasonable accommodation requirements6 citing casesempha *838 sis in original
- Bernard v. EDS Noland Episcopal Day Sch., 62 F. Supp. 3d 535 (W.D. La. 2014).published Id. at 760.
- Bennett v. Calabrian Chemicals Corp., 324 F. Supp. 2d 815 (E.D. Tex. 2004).published The record reflects that Bennett was, in the opinion of Dr. Foley, totally disabled from the date of his surgery, October 31, 2001, through November 26, 2001, at which time he was released to return to work. *831 While Bennett may have bee…
- Roberts v. Progressive Indep., Inc., 183 F.3d 1215 (10th Cir. 1999).publishedCorp., 87 F.3d 1167, 1169 (10th Cir.1996) (emphasis added) (citing Myers v. Hose, 50 F.3d 278, 283 (4th Cir.1995)); accord Duckett v. Dunlop Tire Corp., 120 F.3d 1222, 1226 (11th Cir.1997) (quoting Myers); Rogers v. International Marine Te…
- Motichek v. Buck Kreihs Co., 958 F. Supp. 266 (E.D. La. 1996).published
- Dollinger v. State Ins. Fund, 44 F. Supp. 2d 467 (N.D.N.Y. 1999).published
- Gross v. Carlisle Constr., No. 24-60382 (5th Cir. Aug. 22, 2025).unpublished
[A]n essential element of any job is an ability to appear for work . . .
- Zuech, No. 1:24-cv-00038 (D. Utah July 30, 2026).([A]n essential element of any job is an ability to appear for work . . .)
- Cisneros v. Wilson, 226 F.3d 1113 (10th Cir. 2000).published([A]n essential element of any job is an ability to appear for work. . . .)
Other citing cases
- Piascyk v. City of New Haven, 64 F. Supp. 2d 19 (D. Conn. 1999).published
- Charles Nesser v. Trans World Airlines, Inc., 160 F.3d 442 (8th Cir. 1998).published
v.
International Marine Terminals
Wade E. Rogers (“Rogers”) appeals the district court’s grant of summary judgment to his former employer, International Marine Terminals (“IMT”), on Rogers’ claims of employment discrimination. Rogers sought relief under the Americans with Disabilities Act (“ADA”) and § 510 of the Employee Retirement Income Securities Act (“ERISA”) after he was terminated during a reduction in force (“RIF”) at IMT. On his ADA claims, the district court held that Rogers was not disabled for purposes of the ADA, that he was nevertheless not qualified for his position, and that he was not discriminated against because of his association with his disabled wife. The district court denied his ERISA claim, holding that evidence of IMT’s specific intent to discriminate was lacking. After reviewing de novo the summary judgment to IMT, this court AFFIRMS. We also hold that Rogers was not a qualified employee under ADA because he was not able to attend work at the time he was terminated, and IMT was not required to make reasonable accommodation in the form of an indefinite leave of absence.
BACKGROUND
Rogers was employed by IMT from 1984 to 1993, and worked as a Class I mechanic with the company from 1990 until his layoff in 1992. In October 1992, Rogers took paid sick leave for the treatment of persistent pain, swelling, and other problems in his right ankle attributable to bone spurs, ligament damage, and gout. After using all of his sick leave, Rogers received a year of disability benefits pursuant to a disability plan sponsored by IMT. Rogers had surgery to correct the problems with his right ankle, but was not released for work by his physician until December of 1993. He obtained employment elsewhere.
Early in January of 1993, while Rogers was unavailable for work, IMT began to implement a RIF with the goal of laying off at least 25 employees by the end of March. Rogers and five other employees were terminated. According to IMT’s Vice-President of Operations, Thomas Lange (“Lange”), Rogers was fired because of his prior absenteeism and his unavailability for work since October of 1992.
Rogers’s wife is afflicted with Crohn’s disease, which requires her to take parenteral nutrition. Medicare paid for nutritional formulas for Mrs. Rogers. [1] IMT’s Group Employee Benefit Plan (“Benefit Plan”) specifically excluded “nutrients/nutritional supplements provided as an inpatient or outpatient beyond 30 months of the initial treatment of an illness or injury.” Because of this exclusion, IMT never paid for Mrs.[*758] Rogers’ nutritional formulas or treatments. Eight months after Rogers’s termination, however, IMT amended its Benefit Plan, effective the preceding January to cover nutrients or nutritional supplements when such supplements are “prescribed by a medical doctor for life sustaining purposes.”
Rogers filed suit against IMT alleging that the company violated the ADA by terminating him because of (1) his alleged disability; (2) the perception, albeit inaccurate, that he was disabled; and (3) his association with his disabled wife. Rogers further alleged that IMT violated ERISA by terminating him with the specific intent to prevent him from exercising his rights under IMT’s Benefit Plan. The district court’s rejection of the claims as a matter of law prompts this appeal.
DISCUSSION
1. Standard of Review
We review the district court’s grant of judgment as a matter of law de novo, employing the same criteria used in that court. Burfield v. Brown, Moore & Flint, Inc., 51 F.3d 583, 588 (5th Cir.1995). Summary judgment is proper only “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c). Factual questions and inferences are viewed in the light most favorable to the nonmovant. Lemelle v. Universal Mfg. Corp., 18 F.3d 1268, 1272 (5th Cir.1994).
II. ADA Claims
A. Actual Disability
The ADA prohibits discrimination “against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.” 42 U.S.C. § 12112(a). As a threshold requirement in an ADA claim, the plaintiff must, of course, establish that he has a disability, de la Torres v. Bolger, 781 F.2d 1134, 1136 (5th Cir.1986).
The ADA defines a disability as follows:
(A) a physical or mental impairment that substantially limits one or more of the major life activities of such individual;
(B) a record of such an impairment; or © being regarded as having such an impairment.
42 U.S.C. § 12102(2). The pertinent inquiries are therefore whether Rogers had a physical or mental impairment, and, if so, whether it substantially limited one or more of his major life activities. See, e.g., Dutcher v. Ingalls Shipbuilding, 53 F.3d 723, 725-26 and n. 4 (5th Cir.1995) (noting that ADA and Rehabilitation Act definitions of “disability” are substantially equivalent); Heilweil v. Mount Sinai Hosp., 32 F.3d 718, 722 (2d Cir.1994). The parties agree that Rogers’ ankle problems constituted a physical impairment.
The dispute is whether Rogers’s ankle problems substantially limited his major life activities of standing, walking, and working. [2] Under the ADA, not all limitations are substantial; Rogers’s difficulties with his ankle do not substantially limit him unless they render him
(i) Unable to perform a major life activity that the average person in the general population can perform; or
(ii) Significantly restricted as to the condition, manner or duration under which an individual can perform a particular major life activity as compared to the condition, manner, or duration under which the average person in the general population can perform the same major life activity.
[*759] 29 C.F.R. § 1630.2(j)(l). In the instant case, there is no evidence that Rogers’s impairment substantially limits his ability to stand and walk. For instance, an occupational therapist evaluated Rogers after surgery as having “good body mechanics,” “fluid transitional movement into/out of squatting, crouching, kneeling, and crawling,” and a “tolerance for standing and sitting.”
Rogers also contends that his ankle impairment substantially limits his ability to work. To support this contention, Rogers stresses that he continues to suffer from a 13% permanent, partial disability to his entire body. However, there is no evidence to connect this impairment with an inability to perform numerous jobs or other of life’s ordinary functions; absent such evidence, the mere existence of a 13% permanent, partial disability does not demonstrate that Rogers has been substantially impaired from performing a major life activity. Importantly, Rogers acknowledges that before surgery, he was able to work at IMT without any limitation and that his condition improved after the ankle operation. Also, the therapist concluded that Rogers has the current functional capacity for heavy work and has the ability to perform without any restriction his previous duties, including welding, fitting, and millwrighting.
In sum, Rogers’s ankle afflictions were temporary and did not constitute a permanent disability; Rogers conceded as much in his affidavit to the EEOC. The EEOC regulations concur that “temporary, non-chronic impairments of short duration, with little or no long term or permanent impact, are usually not disabilities.” 29 C.F.R. § 1630.2(j) (Appendix). A wide range of afflictions, many considerably more severe than Rogers’s surgically correctable and now corrected ankle difficulties, do not constitute disabilities under the ADA; for example, a “ ‘borderline’ case of cerebral palsy that only slightly interferes with an individual’s ability to read ... and to speak ... is not a disability.” EEOC Compliance Manual, § 902.4(c)(1). The record is bereft of support for Rogers’s claim that the physical impairments imposed by the problems with his ankle are either chronic or severe enough to constitute a disability under the ADA.
Furthermore, even assuming Rogers was disabled for purposes of the ADA, he did not demonstrate both that he was a “qualified individual” and that IMT could accommodate his disability reasonably. The ADA defines a “qualified individual with a disability” as “an individual who, with or without accommodation, can perform the essential functions of the employment position that such individual holds or desires.” 42 U.S.C. § 12111(8). Hence, this court considers whether Rogers could “perform the essential functions of the job, i.e., functions that bear more than a marginal relationship to the job at issue,” and, if not, whether “any reasonable accommodation by the employer would enable [him] to perform those functions.” Chandler v. City of Dallas, 2 F.3d 1385, 1393-94 (5th Cir.1993).
When Rogers was terminated effective January 6, 1993, he acknowledges that he was unavailable for work, recuperating from elective ankle surgery performed a month earlier. In fact, Rogers remained unavailable for work until released by his physician in December of 1993. Because Rogers could not attend work, he is not a “qualified individual with a disability” under the ADA. As several courts have recognized, “[a]n essential element of any ... job is an ability to appear for work ... and to complete assigned tasks within a reasonable period of time.” Carr v. Reno, 23 F.3d 525, 530 (D.C.Cir.1994). See also, Tyndall v. Nat’l Educ. Centers, Inc. of Cal., 31 F.3d 209, 213 (4th Cir.1994) (an employee “who does not come to work cannot perform any of his job functions, essential or otherwise.”).
Moreover, Rogers cannot demonstrate that IMT could reasonably accommodate his purported disability. While Rogers contends that IMT was required to accommodate him by allowing him to enjoy indefinite leave, this argument is meritless. As the Fourth Circuit recently explained,
Nothing in the text of the reasonable accommodation provision requires an employer to wait an indefinite period for an accommodation to achieve its intended effect. Rather, reasonable accommodation is by its terms most logically construed as[*760] that which presently, or in the immediate future, enables the employee to perform the essential functions of the job in question .... [RJeasonable accommodation does not require [an employer] to wait indefinitely for [the employee’s] medical conditions to be corrected....
Myers v. Hose, 50 F.3d 278, 283 (4th Cir.1995).
B. Perceived Disability
In the alternative, Rogers urges that IMT violated the ADA by firing him due to the perception, albeit inaccurate, that he was disabled. [3] The district court found no evidence to support this perception, emphasizing that Rogers openly assessed his condition as temporary and that Michael Carter, Rogers’ supervisor while at IMT, testified that he never considered or perceived Rogers as truly disabled.
The ADA protects individuals who are regarded or perceived as disabled from employment discrimination. The ADA’s definition of “disability” includes any individual that is “regarded as having ... an impairment” that substantially limits one or more of his major life activities. 42 U.S.C. § 12102(2). [4] But as the district court correctly concluded, the record does not establish that IMT regarded or perceived Rogers as disabled and that it discriminated against him on this basis. Similarly, the assertion that IMT regarded Rogers as disabled because of his chronic absenteeism is unsupported. In July of 1991, Rogers was indeed counseled for his absenteeism, but from the date of that counseling until October of 1992, IMT’s records document not a single instance of absenteeism by Rogers. Quite simply, Rogers did not hold himself out to IMT as suffering from a disability; IMT did not regard or perceive Rogers as disabled; and the record does not contain evidence demonstrating otherwise. As a result, the district court properly awarded IMT summary judgment on Rogers’s claim that he was terminated because IMT perceived him as disabled.
Rogers makes a related assertion that IMT “wrongfully” perceived him as disabled because of his absenteeism. Rogers cites an ADA implementing regulation that describes attitudinal barriers of employers toward disabled individuals, including “concerns regarding productivity, safety, insurance, liability, attendance.... ” Comment, 29 C.F.R. § 1630.2(1) (emphasis added). Rogers misreads this regulation. The regulation prohibits discrimination on the basis of unfounded concerns about disabled people. Here, the concerns about Rogers’s unavailability to work from October 1992 to January 1993 and beyond were very real.
C. Association with a Disabled Person
Rogers also asserts that IMT unlawfully terminated him because of his association with his disabled wife. The ADA prohibits employers from taking adverse employment action “because of the known disability of an individual with whom the qualified individual is known to have a relationship or association.” 42 U.S.C. § 12112(b)(4). For instance, an employer cannot make an adverse employment decision based on the “belie[f| that the [employee] would have to miss work” in order to care for a disabled person. See, e.g., Comment, 29 C.F.R. § 1630.
Although IMT knew that Mrs. Rogers has Crohn’s disease, there is no evidence to substantiate the assertion that IMT terminated Rogers because of his association with her. While IMT was aware that Rogers occasionally missed work to care for his wife, the record does not suggest that IMT fired Rogers for that reason. In fact, before Rogers was counseled for his absenteeism in July of 1991, Carter wrote a memorandum to Lange discussing this absenteeism and attributing[*761] all of the absences to Rogers’s, not his wife’s ailment. Later, Lange recommended counselling for Rogers’s absenteeism, which Lange likewise attributed exclusively to Rogers’s own health problems. The record contains no evidence that the absences that, in part, led to Rogers’ discharge were attributed to his wife’s disability in any way. Because there is no genuine, material fact issue on this claim, judgment as a matter of law in favor of IMT was proper.
III. ERISA Claim
Last, Rogers argues that IMT terminated him to eliminate from its employee health benefit program the prospective costs of his wife’s medical treatment, especially those incurred by her parenteral nutrition. But IMT had never borne any of those costs; Medicare paid for the costs of these nutritional formulas for Mrs. Rogers. As noted earlier, the Benefit Plan specifically excluded parenteral nutrition from coverage while Rogers worked for IMT. Undaunted, however, Rogers points out that after his termination, IMT amended its Benefit Plan to cover nutrients or nutritional supplements “prescribed by a medical doctor for life sustaining purposes.” From this subsequent amendment, Rogers infers that IMT terminated him intentionally to prevent him from enjoying this coverage for his wife.
To establish a prima facie case under § 510 of ERISA, Rogers must prove that IMT, acting with specific discriminatory intent, retaliated against him or his wife for filing medical claims interfered with any right to which Rogers may have become entitled under the Benefit Plan. See, e.g., 29 U.S.C. § 1140. See also, Hines v. Mass. Mutual Life Ins. Co., 43 F.3d 207, 209 (5th Cir.1995) (“[a]n essential element of a Section 510 claim is proof of defendant’s specific discriminatory intent.”); McGann v. H & H Music Co., 946 F.2d 401, 404 (5th Cir.1991), cert. denied, 506 U.S. 981, 113 S.Ct. 482, 121 L.Ed.2d 387 (1992).
As before, there is no evidentiary support for Rogers’ assertion. [5] To the contrary, the record demonstrates a nondiscriminatory reason for IMT’s decision to amend the Benefit Plan; the company sought to insure the cost of nutritional supplements for an employee who was terminally ill. IMT, as an employer, has the right to amend its Benefit Plan in this fashion and is free to modify the terms and conditions of benefit plans offered to employees. See IMT Benefit Plan § 20; see also McGann, 946 F.2d at 407 (“ERISA does not broadly prevent an employer from ‘discriminating’ in the creation, alteration, or termination of employee benefit plans.”). Also, by the time IMT amended its Benefit Plan, Rogers was no longer a participant, as he was a former employee. Because Rogers offered no evidence that IMT specifically intended to deprive him of a right to which he was entitled under the company’s Benefit Plan, summary judgment for IMT was warranted.
CONCLUSION
For the foregoing reasons, the decision of the district court granting summary judgment in favor of IMT on all of the claims asserted against it by Rogers is AFFIRMED.
. Rogers also contends that his impairment substantially limited his major life activity of climbing. While not an exhaustive list, "[m]ajor life activities means functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working." 29 C.F.R. § 1630.2(i) (1995); Dutcher, 53 F.3d at 726 n. 7. Climbing is not such a basic, necessary function and this court does not consider it to qualify as a major life activity under the ADA.
. Of course, the facts, already discussed, that Rogers was unavailable for work and that he cannot demonstrate that IMT could accommodate him reasonably also dispose of his claim that he was terminated because he was perceived as disabled.
. In part, this provision is intended to combat "attitudinal barriers that frequently result in employers excluding individuals with disabilities. These include concerns regarding productivity, safety, insurance, liability, attendance, cost ... and acceptance by coworkers and customers.” Comment, 29 C.F.R. § 1630.2(1).
. Indeed, even assuming Mrs. Rogers had a valid claim under the Benefit Plan, IMT could have attempted to limit her claims by terminating Rogers for his absenteeism. The Benefit Plan expressly provides that "[c]overage will terminate for an employee on the ... [d]ate employment terminates.” Benefit Plan § 16. Should IMT have terminated Rogers in this manner, Mrs. Rogers would have had the right to continue coverage for herself, provided her spouse's termination was "for reasons other than gross misconduct” and if she had informed IMT in writing within 60 days from the date of Rogers' termination of her intent to continue coverage. Benefit Plan § 17.