At page 959 Analyzing prima facie case elements under the ADA26 citing cases“that he is disabled within the meaning of the ada; that he is qualified to perform the essential functions of his job with or without reasonable accommodation; and that he suffered an adverse employment action because of his disability.”
- Loeckle v. State Farm Auto. Ins., 59 F. Supp. 2d 838 (N.D. Iowa 1999).published Aucutt, 85 F.3d at 1319-20 ; accord Mercy Hosp., 102 F.3d at 960 (“ A person is ‘regarded as having’ an impairment that substantially limits major life activities when others treat that person as having a substantially limiting impairment.…
- Sanchez v. Am. Popcorn Co., 450 F. Supp. 2d 985 (N.D. Iowa 2006).publishedAnalysis To establish a prima facie case of disability discrimination under the ADA, an employee “must show that (1) the employee is disabled within the meaning of the ADA; (2) the employee is qualified (with or without reasonable accommod…
- Wojewski v. Rapid City Reg'l Hosp., Inc., 394 F. Supp. 2d 1134 (D.S.D. 2005).published“A ‘qualified individual with a disability’ is a person with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position.” Webb v. Mercy Hosp., 102 F.3d 958, 959 (8th Cir.1996)…
- Lorenzen v. GKN Armstrong Wheels, Inc., 345 F. Supp. 2d 977 (N.D. Iowa 2004).publishedAnalysis To establish a prima facie case of disability discrimination under the ADA, Lorenzen “ ‘must show that she is disabled within the meaning of the Act; [that] she is qualified to perform the essential functions of her job with or wi…
- Laura Kincaid v. City of Omaha, 378 F.3d 799 (8th Cir. 2004).published “To establish a prima facie case under the ADA, [Kincaid] ‘must show that she is disabled within the meaning of the Act; [that] she is qualified to perform the essential functions of her job with or without reasonable accommodation; and [t…
- Medlock v. City of St. Charles, 89 F. Supp. 2d 1079 (E.D. Mo. 2000).publishedWeber v. Strippit, Inc., 186 F.3d 907, 912 (8th Cir.1999), cert. denied, ___ U.S. ___, 120 S.Ct. 794 , 145 L.Ed.2d 670 (2000); see also Gutridge v. Clure, 153 F.3d 898 , 900 (8th Cir.1998), cert. denied, ___ U.S. ___, 119 S.Ct. 1758 , 143…
- Kinnaman v. Ford Motor Co., 79 F. Supp. 2d 1096 (E.D. Mo. 2000).publishedGreer , at 921; Buckles , at 1100; Webb v. Mercy Hospital, 102 F.3d 958, 959-60 (8th Cir. 1996); see also, Browning v. Liberty Mutual Ins.
- Ricky Belk v. Sw. Bell Tel. Co., 194 F.3d 946 (8th Cir. 1999).published A “qualified individual with a disability” is a person “with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position.” Webb v. Mercy Hosp., 102 F.3d 958, 959 (8th Cir.1996)…
- Rita Y. Greer v. Emerson Elec. Co., 185 F.3d 917 (8th Cir. 1999).published Under McDonnell Douglas, Greer first must establish a prima facie case of discrimination by demonstrating "that she is disabled within the meaning of the [ADA]; [that] she is qualified to perform the essential functions of her job with or…
- Douglas J. Buckles v. First Data Resources, No. 98-2495 (8th Cir. June 2, 1999).publishedUnder McDonnell Douglas, Buckles must first establish a prima facie case of discrimination by showing "that [he] is disabled within the meaning of the [ADA]; [that he] is qualified to perform the essential functions of [his] job with or wi…
Show 12 more citing cases
- Douglas J. Buckles v. First Data Resources, Inc., 176 F.3d 1098 (1st Cir. 1999).publishedUnder McDonnell Douglas, Buckles must first establish a prima facie case of discrimination by showing “that [he] is disabled within the meaning of the [ADA]; [that he] is qualified to perform the essential functions of [his] job with or wi…
- Jacqueline Stanback v. Best Diver. Prods., No. 98-2864 (8th Cir. May 10, 1999).publishedThat framework requires that a plaintiff first establish a prima facie case by showing (1) that she is disabled within the meaning of the ADA, (2) that she is qualified to perform the essential functions of the job in question with or with…
- Jacqueline Stanback v. Best Diversified Prods., Inc., 180 F.3d 903 (8th Cir. 1999).published That framework requires that a plaintiff first establish a prima facie case by showing (1) that she is disabled within the meaning of the ADA, (2) that she is qualified to perform the essential functions of the job in question with or with…
- Bush v. Iowa Nat'l Guard, 31 F. Supp. 2d 681 (N.D. Iowa 1999).publishedHennenfent v. Mid Dakota Clinic, P.C., 164 F.3d 419, 421-22 , 1998 WL 901709 (8th Cir.1998); Webb v. Mercy Hasp., 102 F.3d 958, 959-60 (8th Cir.1996); Aucutt v. Six Flags Over Mid-America, Inc., 85 F.3d 1311, 1318 (8th Cir.1996); Price v.…
- Gregory Hennenfent v. Mid Dakota Clinic, 164 F.3d 419 (8th Cir. 1998).published In order to survive summary judgment, an ADA plaintiff must establish a prima facie case of discrimination by showing “that [he] is disabled within the meaning of the [ADA]; [that he] is qualified *422 to perform the essential functions of…
- Charles Nesser v. Trans World Airlines, Inc., 160 F.3d 442 (8th Cir. 1998).published Under the McDonnell Douglas burden-shifting scheme, a plaintiff must first establish a prima facie case of discrimination by showing “that [he] is disabled within the meaning of the [ADA]; [that he] is qualified to perform the essential fu…
- Ronnie Furman v. Simmons Foods, No. 98-2328 (8th Cir. Nov. 2, 1998).unpublished(setting forth elements of prima facie ADA discrimination case)
- Edwards v. WINCO Mfg. Co., 5 F. Supp. 2d 743 (E.D. Mo. 1998).publishedThe ADA defines the term "disability" as "a physical or mental impairment that substantially limits one of more of the major life activities of such individual; a record of such an impairment; or being regarded as having such an impairment…
- Cheryl Christopher v. Adam's Mark Hotels, No. 97-2842 (8th Cir. Mar. 5, 1998).publishedTo establish a prima facie case under the ADA, a plaintiff "must show that she is disabled within the meaning of the Act; [that] she is qualified to perform the essential functions of her job with or without reasonable accommodation; and […
- Cheryl D. Christopher v. Adam's Mark Hotels, 137 F.3d 1069 (8th Cir. 1998).publishedTo establish a prima facie case under the ADA, a plaintiff “must show that she is disabled within the meaning of the Act; [that] she is qualified to perform the essential functions of her job with or without reasonable accommodation; and […
- Wilking v. Cnty. of Ramsey, 983 F. Supp. 848 (D. Minn. 1997).published (finding, where plaintiff produced no evidence that her supervisors were aware of a previous diagnosis and hospitalization for depression, diagnosis itself could not *855 be the basis for inferring the plaintiff was rega…)
- Equal Emp. Opportunity Comm'n v. M.G.H. Fam. Health Ctr., 230 F. Supp. 3d 796 (W.D. Mich. 2017).published(relying on pre-Amendments Act statutory definition for "regarded as” claim and noting that plaintiff had produced "no evidence that her supervisors or the management ... were aware of the [depression] diagnosis” to refu…)
At page 960 Defining "regarded as" impairment under the ADA21 citing casesAn employer’s knowledge that an employee exhibits symptoms which may be associated with an impairment does not necessarily show the employer regarded the employee as disabled.” (emphasis added)
- Jenkins v. Med. Labs. of E. Iowa, Inc., 880 F. Supp. 2d 946 (N.D. Iowa 2012).published(On a motion for sum mary judgment, the nonmoving party must set forth specific facts sufficient to raise a genuine issue for trial.)
- Loeckle v. State Farm Auto. Ins., 59 F. Supp. 2d 838 (N.D. Iowa 1999).published (A person is ‘regarded as having’ an impairment that substantially limits major life activities when others treat that person as having a substantially limiting impairment.)
- Meier v. Fam. Dollar Servs., Inc., 443 F. Supp. 2d 1036 (N.D. Iowa 2006).publishedAn employer’s mere “knowledge that an employee exhibits symptoms which may be associated with an impairment does not necessarily show the employer regarded the employee as disabled.” Webb v. Mercy Hosp., 102 F.3d 958, 960 (8th Cir.1996), T…
- Burrell v. Cummins Great Plains, Inc., 324 F. Supp. 2d 1000 (S.D. Iowa 2004).publishedBd. of Nassau County v. Arline, 480 U.S. 273, 284 , 107 S.Ct. 1123 , 94 L.Ed.2d 307 (1987)). “ ‘A person is ‘regarded as having’ a[sic] such an impairment if others treat her as if she is disabled.’ ” Cody, 139 F.3d at 599 (citing Webb v.…
- Knutson v. Ag Processing, Inc., 273 F. Supp. 2d 961 (N.D. Iowa 2003).publishedLouis, Inc., 139 F.3d 595, 599 (8th Cir.1998) (citing Webb v. Mercy Hosp., 102 F.3d 958, 960 (8th Cir.1996); Aucutt v. Six Flags Over Mid-America, Inc., 85 F.3d 1311, 1319 (8th Cir.1996)) (quoting 29 C.F.R. § 1630 .2©).
- Anderson v. Richardson, 145 F. Supp. 2d 1131 (D.N.D. 2001).publishedA plaintiff is so regarded “when others treat that individual as having such an impairment.” Id. (citing Webb v. Mercy Hospital, 102 F.3d 958, 960 (8th Cir.1996)).
- Conant v. City of Hibbing, 131 F. Supp. 2d 1129 (D. Minn. 2000).publishedSee, Olson v. Dubuque Community School Dist., 137 F.3d 609, 612 (8th Cir.1998); Roberts v. Unidynamics Corp., 126 F.3d 1088, 1091-92 (8th Cir.1997); Webb v. Mercy Hospital, 102 F.3d 958, 960 (8th Cir.1996); Aucutt v. Six Flags Over Mid-Ame…
- Phillip S. Ceretti v. Marvin T. Runyon, No. 97-3109, 1998 WL 403199 (8th Cir. July 6, 1998).unpublished“An employer’s knowledge that an employee exhibits symptoms which may be associated with an impairment does not necessarily show that the employer regarded the [potential] employee as disabled.” Webb v. Mercy Hospital, 102 F.3d 958, 960 (8…
- Hunt v. St. Peter Sch., 963 F. Supp. 843 (W.D. Mo. 1997).publishedWebb v. Mercy Hosp., 102 F.3d 958, 960 (8th Cir.1996); 7 C.F.R. § 15b.3(m); 34 C.F.R. § 104.30 (2)(iv).
- Sandbach v. Rafco Clean, LLC, No. 4:18-cv-01722 (E.D. Mo. Jan. 9, 2020).(noting that, absent evidence than an employer was aware of a particular diagnosis, “that diagnosis cannot be the basis for inferring that she was regarded as mentally impaired)
Show 10 more citing cases
- Field v. MedLab Ohio, Inc., 2012-Ohio-5068.published(summary judgment properly granted in “regarded as” case where employer only knew of hospitalization, but did not know employee’s specific condition or diagnosis)
- Martinez v. Cole Sewell Corp., 233 F. Supp. 2d 1097 (N.D. Iowa 2002).published(affirming summary judgment in favor of an employer on an employee’s “regarded as” claim because the employer didn’t know about the employee’s mental impairment)
- Trujillo v. N. Rio Arriba Elec. Coop., Inc., 2002-NMSC-004, 41 P.3d 333.published(An employer’s knowledge that an employee exhibits symptoms which may be associated with an impairment does not necessarily show that the employer regarded the employee as disabled.)
- Trujillo v. Nora, 41 P.3d 333 (N.M. 2001).published(An employer's knowledge that an employee exhibits symptoms which may be associated with an impairment does not necessarily show that the employer regarded the employee as disabled.)
- Eugene E. Stoll v. C.P. Rail Sys., No. 00-1501 (8th Cir. Nov. 8, 2000).unpublished(affirming summary judgment in favor of an employer on an employee’s “regarded as” claim because the employer didn’t know about the employee’s mental impairment)
- Carol J. Cody v. Cigna Healthcare of St. Louis, Inc., 139 F.3d 595 (8th Cir. 1998).published See Webb v. Mercy Hospital, 102 F.3d 958, 960 (8th Cir.1996); Aucutt, 85 F.3d at 1319 (quoting 29 C.F.R. § 1630.2 (Z)).
- Karl Roberts v. Unidynamics Corp., a Missouri Corp. Doing Bus. as Crane Nat'l Vendor, Dist. No. 9 Int'l Ass'n of MacHinists & Aerospace Workers, Karl Roberts v. Unidynamics Corp., a Missouri Corp. Doing Bus. as Crane Nat'l Vendor, Dist. No. 9 Int'l Ass'n of MacHinists & Aerospace Workers, Karl Roberts v. Unidynamics Corp., a Missouri Corp., Doing Bus. as Crane Nat'l Vendor Dist. No. 9 Int'l Ass'n of MacHinists & Aerospace Workers, Karl Roberts v. Unidynamics Corp., Doing Bus. as Crane Nat'l Vendor, a Missouri Corp. Dist. No. 9 Int'l Ass'n of MacHinists & Aerospace Workers, 126 F.3d 1088 (8th Cir. 1997).published See Webb v. Mercy Hospital, 102 F.3d 958, 960 (8th Cir.1996); Hedberg v. Indiana Bell Tel.
- Karl Roberts v. Dist. No. 9, 126 F.3d 1088 (8th Cir. 1997).published See Webb v. Mercy Hospital, 102 F.3d 958, 960 (8th Cir.1996); Hedberg v. Indiana Bell Tel.
- Jayaram Bharadwaj v. Mid Dakota Clinic, 954 F.3d 1130 (8th Cir. 2020).published(An employer’s knowledge that an employee exhibits symptoms which may be associated with an impairment does not necessarily show the employer regarded the employee as disabled.” (emphasis added))
- Mundo v. Sanus Health Plan of Greater New York, 966 F. Supp. 171 (E.D.N.Y. 1997).publishedSee Daley v. Koch, 892 F.2d 212, 215 (2d Cir.1989) 2 ; see also Webb v. Mercy Hosp., 102 F.3d 958, 960 (8th Cir.1996).
Other citing cases
- H.S. v. Bd. of Regents, 967 S.W.2d 665 (Mo. Ct. App. 1998).published
v.
MERCY HOSPITAL, Cedar Rapids, Iowa; Erin P. Shanahan; Carol Watson, Defendants/Appellees
Diana Webb appeals from a judgment dismissing her employment discrimination claim brought under the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12102-12213. Webb alleged she was fired from her job at Mercy Hospital (Mercy) because of a mental impairment, but the district court [1] concluded she had failed to make a prima facie case showing that she was disabled under the ADA. We affirm.
The background facts are not in dispute. Webb worked as a weekend options nurse at the Mercy Birthplace in Cedar Rapids, Iowa from January 2, 1991 to May 7, 1993, when she was dismissed. She had been hired to work either three eight-hour shifts or two twelve-hour shifts per week. In December 1992, Webb gave Mercy a statement from a doctor which said she should not work the night shift to avoid fatigue. For the next couple of months she was not scheduled at night, but Mercy then asked Webb to make arrangements so that she could again work night shifts. Webb objected to this request.
In the weeks before her termination, Webb discussed her objections to Mercy’s request with other employees. She indicated she understood why someone who had been in the news had killed several people, and she threatened some co-workers with legal proceedings. After she refused to accept an initial reprimand, she was given another for disruptive and insubordinate behavior and was told she must participate in Employee Assistance Program counselling or she would be fired. A few days later, on May 5, 1993, Erin Shanahan, her supervisor, told her not to come to the Birthplace until further notice, but she showed up at a meeting there on May 7. Carol Watson, the vice president of patient care, ordered her to leave several times. When Webb refused to leave, she was escorted from the building by Mercy security, and Mercy terminated her employment. Mercy hired a private security guard for the Birthplace for two weeks following Webb’s termination.
Webb sued Mercy, Shanahan, and Watson under the ADA and state law in both federal and state court. [2] Shé alleged she was illegally terminated because of both physical and mental disabilities. The federal court granted summary judgment on her ADA claims and dismissed her supplemental state law claims. It found Webb had failed to establish a prima facie ease of disability discrimination based on a perceived mental impairment because she did not produce evidence that she was regarded as mentally impaired or that any such impairment was substantial. This appeal concerns only the federal district court’s dismissal of her mental disability claim under the ADA. [3]
Webb argues summary judgment was inappropriate on her mental impairment claim because there was sufficient evidence to establish a prima facie case. She argues that a previous diagnosis she received of depression and Mercy’s response to her behavior during the disagreement created an inference that she was regarded as suffering from a substantially limiting mental impairment, making her disabled under the ADA. Mercy, Watson, and Shanahan respond that Webb has not shown herself to be disabled within the meaning of the ADA because she did not produce any evidence that she was regarded as mentally impaired.
The ADA prohibits employers from discriminating “against a qualified individual with a disability because of’ that disability. 42 U.S.C. § 12112(a). A “qualified individual with a disability” is a person “with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position.” 42 U.S.C. § 12111(8). To establish a prima facie ease under the ADA, a complainant therefore must show that she is disabled within the meaning of the Act; she is qualified to per[*960] form the essential functions of her job with or without reasonable accommodation; and she suffered an adverse employment action because of her disability. Robinson v. Neodata Serv., Inc., 94 F.3d 499, 501 (8th Cir. 1996) (citations omitted).
The ADA defines “disability"’ as “(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 (C) being regarded as having such an impairment.” 42 U.S.C. § 12102(2)(A)-(C). Webb does not argue that she actually suffers from a mental impairment or has a record of such impairment, but rather that she was regarded as having a substantially limiting mental impairment. 42 U.S.C. § 12102(2). A person is “regarded as having” an impairment that substantially limits major life activities when others treat that person as having a substantially limiting impairment. Wooten v. Farmland Foods, 58 F.3d 382, 385 (8th Cir.1995) (citing 29 C.F.R. § 1630.2(i )(3)). An employer’s knowledge that an employee exhibits symptoms which may be associated with an impairment does not necessarily show the employer regarded the employee as disabled. Hamm v. Runyon, 51 F.3d 721, 725 (7th Cir.1995); see also Miller v. National Cos. Co., 61 F.3d 627, 629-30 (8th Cir.1995).
On a motion for summary judgment, the nonmoving party must set forth specific facts sufficient to raise a genuine issue for trial. Celotex Corp. v. Catrett, 477 U.S. 317, 324, 106 S.Ct. 2548, 2553, 91 L.Ed.2d 265 (1986). A grant of summary judgment is reviewed de novo. Crawford v. Runyon, 37 F.3d 1338, 1340 (8th Cir.1994).
Webb failed to make a sufficient showing that she was disabled within the meaning of the ADA. Webb claims Mercy and her supervisors regarded her as mentally impaired because of a previous diagnosis and hospitalization for depression, but she produced no evidence that her supervisors or the management at Mercy were aware of the diagnosis. Without such evidence, that diagnosis cannot be the basis for inferring that she was regarded as mentally impaired. See Miller, 61 F.3d at 629-30 (employee’s complaints about stress insufficient to put employer on notice of any disability when it had not been informed about a diagnosis of manic depression). Although Webb’s supervisors testified she was a difficult and insubordinate employee, that does not establish that she was considered mentally impaired. See Id. at 630 (stress and unexcused absences are not obvious manifestations of disability); Hamm v. Runyon, 51 F.3d 721, 725 (7th Cir.1995) (chronic tardiness does not create inference that the employer would regard the employee as disabled); Daley v. Koch, 892 F.2d 212, 215 (2d Cir.1989) (perception that person has poor judgment and impulse control and behaves irresponsibly does not establish that person is regarded as handicapped). Without evidence that Mercy or her supervisors regarded her as mentally disabled or acted on such a perception, her ADA claim cannot go forward.
For these reasons, the judgment is affirmed, and the motion to dismiss the appeal on res judicata grounds is dismissed as moot.
. The Honorable Mark Bennett, United States District Judge for the Northern District of Iowa.
. Appellees argue that Shanahan and Watson as supervisors cannot be subject to personal liability under the ADA, but that issue néed not be resolved in this case.
.Webb did not appeal the court's grant of summary judgment on her physical disability claim under the ADA. Webb also did not appeal from a subsequent state court summary judgment involving all claims, and Mercy has moved to dismiss this appeal on the basis of res judicata.