Preddie v. Bartholomew Cons. School Corp.

Dist. Ct. did not err in granting defendant-employer’s motion for summary judgment in ADA and Title VII action alleging that defendant terminated plaintiff from his teaching position on account of his disability and race. Plaintiff failed to show that he made any accommodation request for purposes of establishing viable ADA claim and could not otherwise establish that he was “qualified individual” for coverage under ADA, where his attendance problems precluded him from performing essential functions of his job. Moreover, plaintiff could not establish any retaliation claim under ADA, where his periodic requests for time off to attend to his health issues did not qualify as “protected activity” under ADA. Also, plaintiff could not establish any race discrimination claim under Title VII, where plaintiff could not show either that he had performed his job up to defendant’s expectations, or that defendant treated other teachers with similar attendance problems in more favorable fashion. Dist. Ct. erred, though, in granting defendant’s motion for summary judgment on plaintiff’s FMLA claims where defendant’s stated reasons for its failure to renew plaintiff’s teaching contract were related to plaintiff’s absences that were caused by his FMLA-qualifying condition.