Summary
The Ninth Circuit affirmed the disposition against Tompkins on his claims under the Americans with Disabilities Act and the Age Discrimination in Employment Act. The court held that Tompkins’s leg injury did not substantially limit a major life activity and that the evidence did not establish a record of disability. It also held that he failed to create a genuine issue of material fact regarding the ages of the allegedly younger employees or age-based discrimination.
Holdings
- Tompkins's leg injury did not qualify as a physical impairment that substantially limited a major life activity, and the evidence was also insufficient to establish a record of disability.
- Tompkins failed to create a genuine issue of material fact on the required element that he lost out because of his age.
Questions Presented
- Whether Tompkins's leg injury substantially limited a major life activity or established a record of disability under the ADA.
- Whether Tompkins presented sufficient evidence to create a genuine issue of material fact on the age-discrimination element that he lost out because of his age.
Disposition
affirmed
Cases Cited (3)
- Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, 534 U.S. 184, 197 (2002)(followed)
- Carmen v. San Francisco Unified School District, 237 F.3d 1026, 1028 (9th Cir. 2001)(followed)
- O'Connor v. Consolidated Coin Caterers Corp., 517 U.S. 308, 312 (1996)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…