John Ware sued Mercy Health in the United States District Court for the Western District of Oklahoma, alleging discrimination and retaliation under the Americans with Disabilities Act (ADA) and Oklahoma’s Administrative Workers’ Compensation Act (OKWCA). The district court granted summary judgment in favor of Mercy Health, and Ware appealed to the Tenth Circuit Court of Appeals.
Factual Overview
John Ware worked as an Environmental Services Tech II at Mercy Hospital Oklahoma City from October 2019 to August 2021. During his employment, Ware received multiple warnings about attendance issues. In March 2020, he received a verbal warning for accumulating five “occurrences” under Mercy’s Attendance Policy, followed by a written warning in October 2020 for eight occurrences.
In January 2021, Ware injured his right shoulder at work and underwent surgery, requiring FMLA leave from January 25 to February 14, 2021. He filed a workers’ compensation claim and had follow-up surgery in June 2021, taking additional FMLA leave through June 29, 2021. After returning to work, Ware continued to accumulate attendance violations, receiving a final warning on July 26, 2021. Following additional occurrences on July 29 and August 4, Mercy terminated his employment on August 10, 2021.
Legal Analysis
ADA Discrimination and Retaliation Claims: The court analyzed Ware’s claims under the McDonnell Douglas three-step framework. While assuming Ware established a prima facie case and acknowledging Mercy provided a legitimate non-discriminatory reason for termination, the court focused on whether Ware demonstrated pretext. The court found Ware’s evidence of pretext insufficient, rejecting his arguments about a positive performance evaluation, disputed attendance violations, and an alleged forged signature on a corrective action form.
OKWCA Retaliation Claim: The court determined that since Ware relied on the same evidence of pretext for both his ADA and OKWCA retaliation claims, which was found insufficient, summary judgment was appropriate for the OKWCA claim as well.
The Tenth Circuit affirmed the district court’s grant of summary judgment in favor of Mercy Health on all claims.
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