Hooper v. Proctor Health Care, Inc.

Dist. Ct. did not err in granting defendant-employer’s motion for summary judgment in ADA action alleging that defendant terminated plaintiff-employee on account of his bipolar disorder and had failed to accommodate his disability. Plaintiff failed to sufficiently allege failure to accommodate claim in instant complaint, and any such claim would have been without merit since: (1) plaintiff’s doctor issued return to work slip without any restrictions; and (2) plaintiff cannot state viable failure to accommodate claim where plaintiff was able to perform all essential job functions without regard to his physical or mental conditions. Fact that physician issued recommended accommodations did not require different result. Also, with respect to his discrimination claim, record showed that defendant terminated plaintiff after he had failed to report to work on specific date following leave of absence, and plaintiff failed to show that similarly-situated co-workers who failed to report to work were treated in more favorable fashion. Fact that plaintiff subjectively believed that he could report to work on future date is irrelevant since defendant honestly believed that plaintiff had ignored its directives.