Wednesday, June 18, 2008

Ninth Circuit: Comparative Evidence Unnecessary to Show ADA Disability

Yesterday, the Ninth Circuit issued this opinion in Gribben v. United Parcel Service. The plaintiff was a UPS driver, who sued after the company denied him accommodation for his heart condition and then terminated him. The district court granted summary judgment to the company on Gribben's ADA claim, on the ground that Gribben had failed to present evidence of how his limitations compared to the average person. The Ninth Circuit reversed, in an opinion by Judge Thompson. The Ninth Circuit held that "Gribben’s testimony alone regarding the significance of his impairment is sufficient to create a genuine issue of material fact at the summary judgment stage." Accordingly, "Gribben was not required to submit the comparative evidence the district court required."

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