Franklin Douglas Bryant, Jr. sued JK Concrete Construction and Operative Plasterers’ and Cement Masons’ Local Union 518 in the United States District Court for the Western District of Missouri, Western Division, raising claims of race and disability discrimination under Title VII of the Civil Rights Act and the Americans with Disabilities Act (ADA). Before the court is Defendant Local 518’s motion for summary judgment on the remaining claim of disability discrimination under the ADA.
Statement of Undisputed Facts
Plaintiff claimed he was subjected to disability discrimination when he did not report to work because of a previously scheduled medical examination. His foreman sent him inappropriate and aggressive text messages after he missed work, and Plaintiff forwarded these messages to Local 518. In response, Local 518 referred Plaintiff to a position with another employer in the construction industry, which Plaintiff declined. Plaintiff filed a Charge of Discrimination against Local 518 with the Missouri Commission of Human Rights and the Equal Employment Opportunity Commission, and after receiving his right to sue letters, he timely filed this case.
Legal Analysis
Prima Facie Case of Disability Discrimination: The court found that Plaintiff failed to establish a prima facie case of disability discrimination under the ADA. There was no evidence that Plaintiff had, or had a record of, an impairment that substantially limited a major life activity. Additionally, the court determined that Local 518 did not regard Plaintiff as disabled, as it had referred him to another employer within the construction industry.
Breach of Duty of Fair Representation: The court held that even if Plaintiff could show a prima facie case, he did not demonstrate that Local 518 breached its duty of fair representation. Plaintiff presented no evidence that he requested a grievance be filed, that Local 518 failed to pursue that grievance, or that Local 518 failed to take any other requested action on his behalf. Furthermore, Plaintiff did not provide evidence that Local 518’s actions were motivated by discriminatory animus towards his disability.
The court granted Local 518’s motion for summary judgment on Plaintiff’s remaining claim of disability discrimination under the ADA.
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