Gordon Rees Scully Mansukhani Partner Cristina Guerrero secured an appellate victory for a leading manufacturer and supplier of premium building products before the U.S. Court of Appeals for the Fifth Circuit, affirming summary judgment dismissal of all claims brought by a plaintiff in a disability discrimination case.
The plaintiff, who has diabetes and a history of toe amputations, was employed as a production operator. During her employment, she took numerous medical leaves and in each instance was able to return to work without issue. However, in April of 2022, following an eight-month absence, her condition worsened, and she was unable to return to work and perform weight-bearing activities such as standing or walking, which are essential functions of her job. At that point, she transitioned from short-term disability to long-term disability, upon which her employment was terminated.
The trial court granted summary judgment on the plaintiff’s discrimination and failure to accommodate claims. The Fifth Circuit upheld the decision in full, rejecting all of the plaintiff’s arguments on appeal.
The appellate court’s opinion adopted key defenses advanced at both the district court and appellate levels. These included the plaintiff not being a qualified individual under the Americans with Disabilities Act because she could not perform the essential functions of her position at the time of her termination, lack of reasonable accommodation, and lack of pretext. The Fifth Circuit also enforced the “firm waiver rule” to bar appellate review of unpreserved objections, demonstrating the value of precise procedural enforcement.
This result underscores the strength of GRSM’s advocacy at every stage of the case. Guerrero’s clear briefing and persuasive oral argument helped achieve a complete defense victory from trial court through appeal. The outcome further underscores the firm’s strength in handling both procedural and substantive defenses, particularly at the appellate level, through its experienced Appellate practice.