Everett Pratt v. Delta Air Lines Inc., and Does 1 through 10
Published: Aug. 8, 2015 | Result Date: May 21, 2015 | Filing Date: Jan. 1, 1900 |Case number: 2:14-cv-00815-CAS-JC Summary Judgment – Defense
Court
USDC Central
Attorneys
Plaintiff
Geoffrey C. Lyon
(Lyon Law PC)
Michael B. Carlinsky
(Quinn, Emanuel, Urquhart & Sullivan LLP)
Defendant
Amy W. Findley
(Law Offices of Amy Wintersheimer)
Denisha P. McKenzie
(Carothers, DiSante & Freudenberger LLP)
Facts
Everett Pratt sued his former employer, Delta Air Lines Inc., in connection with the termination of his employment.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff worked for Delta from March 1997 until his termination in September 2013. Plaintiff suffered from gastrointestinitis and related physical symptoms, such as nausea, cramping, stomach bloating and vomiting. Plaintiff contended that Delta had or perceived him as having actual and/or potential disabilities. Plaintiff suffered from symptoms that interfered with his ability to work and required reasonable accommodations, including, among other things, periodic time off. Plaintiff alleged that Delta failed or refused to provide his reasonable accommodations for his disability. Plaintiff alleged, among other things that, he had to take a medical leave due to his ailments and, upon returning to work, he was met with sarcasm and resentment from his coworkers. Plaintiff also alleged that he had been written up for attendance issues for taking medical leave brought on by his ailments. In 2013, he was forced to take medical leave three times. After returning from his most recent medical leave, his supervisor suspended him pending termination due to his absence. Plaintiff contended that his termination constituted discrimination and retaliation based on his disabilities.
Plaintiff asserted causes of action for disability discrimination, failure to make reasonable accommodations for disability, medical leave discrimination and retaliation, association discrimination, retaliation for attempting to and exercising rights under including opposing violations of Fair Employment and Housing Act, failure to prevent discrimination, and wrongful termination in violation of public policies.
DEFENDANT'S CONTENTIONS:
Delta moved for summary judgment or, alternatively, partial summary judgment on six of plaintiff's claims. Delta contended that plaintiff had been counseled for his absences and was placed on probation in 2012 for missing 15 days of work and admonished regarding his reliability. In October, he left work early because he was not feeling well and did not return to work until January 2013. Plaintiff took several more absences, which led to his suspension and, eventually, to his termination. Delta contended that plaintiff was given an option to resign, but he chose to be terminated. Delta disputed plaintiff's claims and contended that all his disability discrimination-related claims fail because plaintiff was not a "qualified individual with a disability." Delta also contended that plaintiff's proposed accommodations, which were that he be provided with additional leave of absence or be allowed to attend work only when his health permits, were not reasonable as a matter of law.
Damages
Pratt sought no less than $200,000 in damages.
Result
The court granted Delta's motion for summary judgment.
Other Information
FILING DATE: Feb. 3, 2014.
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