Derrick C. Elliott v. Kroger Limited Partnership

Summary

The United States District Court for the Western District of Tennessee grants Kroger Limited Partnership’s motion for summary judgment in Derrick C. Elliott’s ADA discrimination and failure-to-accommodate action. The court concludes that Kroger was entitled to judgment as a matter of law concerning Elliott’s permanent sedentary-duty restriction, inability to perform the Store Leader position, and proposed alternative positions. The excerpt also addresses disputes concerning notice, the interactive process, reasonable accommodation, essential job functions, and reassignment.

Holdings

1. Elliott waived opposition to Kroger's arguments seeking summary judgment on a disparate-treatment disability-discrimination claim by failing to address those arguments in his response; summary judgment was therefore proper on that theory.
2. Elliott could not establish a failure-to-accommodate claim based on Kroger's failure to allow him to continue as a Store Leader using a wheelchair because he presented no evidence that he requested that accommodation.
3. Elliott could not establish a failure-to-accommodate claim based on reassignment because, even assuming the proposed positions were vacant, he did not show that he was qualified to perform their essential functions with his permanent sedentary-duty restriction.
4. Elliott could not establish an independent ADA violation based on Kroger's alleged failure to engage in the interactive process because he did not make a prima facie showing that he proposed a reasonable accommodation.

Questions Presented

1. Whether Elliott's disparate-treatment disability-discrimination claim was waived when he failed to address Kroger's summary-judgment arguments concerning that theory.
2. Whether Elliott established a prima facie failure-to-accommodate claim based on Kroger's failure to permit him to continue as a Store Leader using a wheelchair.
3. Whether Elliott established a prima facie failure-to-accommodate claim based on Kroger's failure to transfer him to another position.
4. Whether Kroger independently violated the ADA by failing to engage in the interactive process.

Disposition

other