Bush v. Mukasey

Summary

The Second Circuit affirmed summary judgment for the defendants in two Rehabilitation Act employment-discrimination actions brought by Kenneth Bush and Mark Smith. The court held that the plaintiffs presented evidence that defendants regarded them as unsuitable for the particular position of Court Security Officer, but not as unable to perform a broader class of law-enforcement jobs, and therefore failed to establish a prima facie case.

Holdings

1. A plaintiff asserting a regarded-as disability claim based on the major life activity of working must show that the employer regarded the plaintiff as unable to perform a class of jobs; evidence that the employer regarded the plaintiff as unable to perform only a particular job is insufficient.
2. Summary judgment for defendants was proper because the plaintiffs failed to establish a prima facie case of discrimination under the Rehabilitation Act.

Questions Presented

1. Whether the plaintiffs established a prima facie Rehabilitation Act discrimination claim by showing that defendants regarded them as disabled.
2. Whether the plaintiffs’ evidence showed that defendants regarded them as unable to perform a class of jobs rather than merely unable to perform the particular job of Court Security Officer.
3. Whether summary judgment for defendants was proper.

Disposition

affirmed