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· 5/28/2014

Joshua Bunn v. Khoury Enterprises, Inc.

Citations

  • 753 F.3d 676
  • 29 Am. Disabilities Cas. (BNA) 1518
  • 2014 WL 2198557
  • 2014 U.S. App. LEXIS 9872

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that an employee’s hours were reduced based on his own request for vacation days, not for any discriminatory reason
  • Explaining that circumstantial, direct evidence may include: “(1) suspicious timing; (2) ambiguous statements or behavior towards other employees in the protected group; (3
  • noting that being a \qualified individual\ is an essential element a plaintiff must establish to prevail on a failure-to-accommodate claim
  • explaining that the first element of establishing a prima facie case under the ADA requires showing that the individual is disabled, but otherwise the rest of the test mirrors Title VII
  • tying adverse employment action to discriminatory animus can be proved with either direct or circumstantial evidence, but direct evidence is “understandably rare in ADA cases”
  • affirming award of summary judgment against plaintiff under McDonnell Douglas framework where plaintiff “failed to identify, let alone discuss, a similarly situated, [non-protected-class-member] employee who was treated more favorably”

Source: CourtListener parenthetical corpus (CC0).

Judges: Easterbrook, Kanne, Rovner

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.