The District Court granted Champion’s motion for summary judgment regarding all of Plaintiff’s claims, and Plaintiff appealed. Thereafter, Plaintiff filed suit, alleging violations of the Americans with Disabilities Act and corresponding state law. Later that same day, Plaintiff received a call from human resources, and was told he was terminated. Not long thereafter, Plaintiff woke up - on his own - and did not seem to be in any distress. Then, Plaintiff’s manager sent the picture, as well as two employee statements, to human resources. Plaintiff’s manager went into Plaintiff’s office, found him asleep, and took a picture of him. On December 7, 2017, an employee reported to Plaintiff’s manager that Plaintiff was asleep at his desk. Even so, Plaintiff was not terminated at the time because terminating an employee based solely on an anonymous picture would have deviated from Champion’s practices, which included collecting at least two witness statements. Critically, “lack of alertness at work,” which includes sleeping or appearing to sleep, is an immediately terminable offense. Not long thereafter, Plaintiff’s manager received an anonymous message that contained a picture purporting to show Plaintiff asleep at his desk. In August 2016, an employee told Plaintiff’s manager that Plaintiff was closing his office door for long periods of time and could be heard snoring. The complaint was investigated, and it was determined that Plaintiff was not harassed.
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In April 2016 Plaintiff filed a complaint with Champion’s human resources department alleging that he had been harassed based on his purported skin condition. Three months later, Plaintiff asked again, and submitted a doctor’s note in support of his request that provided he should be excused from the grooming requirement because he “has eczema and dry skin.” Champion granted Plaintiff’s request based on the doctor’s note. The first time he asked to be excused, Plaintiff stated only that he wanted to “grow small beard,” and his request was denied.
Plaintiff did not ask for any other accommodations related to his diabetes during his employment.Īdditionally, Plaintiff twice asked to be excused from Champion’s grooming policy, which required all employees to be clean-shaven. Second, Plaintiff asked for “flexibility” to be able to leave work to go to doctor’s appointments. First, he asked for a refrigerator in his office to store insulin.
During his employment, Plaintiff requested - and Champion granted - two separate accommodations regarding his diabetes. Plaintiff purportedly suffered from a variety of ailments, including Type-II diabetes. Among other duties, Plaintiff trained the security guards and provided employees with guidance regarding Champion’s policies, including its “alertness policy.” 14, 2020), Plaintiff was a personnel manager for Champion National Security, Inc., which provides uniformed security services to other companies. Champion Nat’l Sec., Inc., Case 18-11613 (5th Cir. Second, and just as fundamentally, employees must be awake at work to do their job. First, to pursue a disability accommodation, an employee must actually ask for an accommodation (although not necessarily using any magic words). Seyfarth Synopsis: Recently, when affirming summary judgment to the employer in a disability discrimination case, the Fifth Circuit Court of Appeals issued two welcome reminders.