Terrell v. USAIR

Summary

The Eleventh Circuit affirmed summary judgment for USAir on Peggy H. Terrell’s Americans with Disabilities Act claim. Assuming that Terrell’s carpal tunnel syndrome constituted a disability, the court held that USAir had reasonably accommodated her by modifying her work schedule and providing access to a suitable workstation. The court also held that USAir was not required to create a part-time position when no such positions existed, and declined to consider an hourly-break argument raised for the first time on appeal.

Holdings

1. The court did not need to decide whether Terrell was disabled because, even assuming that she had an ADA disability, USAIR reasonably accommodated it.
2. The ADA did not require USAIR to create a part-time reservations-agent position for Terrell where the company had eliminated all such positions and had no part-time positions available when she requested one.
3. USAIR reasonably accommodated Terrell despite a delay in providing her with a personal drop keyboard.
4. The court would not consider Terrell's argument that USAIR failed to provide five-minute hourly breaks because she did not raise that issue in the district court.

Questions Presented

1. Whether the district court erred in granting summary judgment on the ADA claim based on the conclusion that Terrell was not disabled.
2. Whether USAIR reasonably accommodated Terrell's alleged disability by modifying her schedule, providing access to a drop keyboard, and otherwise modifying her work conditions.
3. Whether Terrell could raise on appeal her claim that USAIR should have provided five-minute breaks every hour when that argument was not raised in the district court.

Disposition

affirmed