Povey v. City of Jeffersonville, Ind.

Federal 7th Circuit Court
Civil Court
Americans with Disabilities Act
Case Number: 
No. 11-1896
Decision Date: 
October 4, 2012
Federal District: 
S.D. Ind., New Albany Div.
Dist. Ct. did not err in granting defendant-employer’s motion for summary judgment in ADA action alleging that defendant terminated plaintiff from her kennel assistant position because, according to plaintiff, defendant regarded plaintiff as disabled where her wrist injury precluded her from making repetitive hand movements or lifting objects weighing more than five pounds. While management uttered statements indicating that plaintiff’s injury precluded her from using her right hand or performing her job, said statements did not indicate that management perceived that plaintiff’s injury precluded her from performing broad range of jobs so as to permit jury to find that defendant regarded plaintiff as disabled under ADA. Moreover, fact that plaintiff had registered harassment complaint three weeks prior to her termination was not, by itself, sufficient to establish retaliation claim under ADA.