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Unformatted text preview: 9 F.3d 1290 (11th
Cir.2009), which likewise concludes that the activity involved in a hostile work
environment claim does not require the plaintiff herself to be targeted. As the Eleventh
Circuit has vacated its opinion in order to consider the case en banc, however, we do not
rely on it, even though we agree with its reasoning.
Accordingly, we conclude that the trial court erred in granting a directed verdict with
respect to both counts of Ms. Blizzard's claim. There was, we conclude, sufficient
evidence to have this case considered by the jury. We, therefore, reverse and remand for a
REVERSED and REMANDED.
GRIFFIN and ORFINGER, JJ., concur.
END OF DOCUMENT 282 Case # 30 LARIMER vs. IBM
United States Court of Appeals,
Thomas LARIMER, Plaintiff-Appellant,
INTERNATIONAL BUSINESS MACHINES CORP., Defendant-Appellee.
Argued Dec. 11, 2003.
Decided June 3, 2004.
Background: Employee, a salesman with twin daughters who had variety of serious
medical conditions resulting from their premature birth, brought suit against employer
under Employee Retirement Income Security Act (ERISA) and Americans with
Disabilities Act (ADA) after he was discharged. The United States District Court for the
Northern District of Illinois, Joan Humphrey Lefkow, J., 2003 WL 1989649, granted
summary judgment for employer. Employee appealed.
Holdings: The Court of Appeals, Posner, Circuit Judge, held that:
(1) case did not fit within "expense," "disability by association," or "distraction"
categories under ADA association section, and
(2) employee failed to establish prima facie case of retaliation under ERISA.
Possible, or even probable, future disability cannot trigger protections of ADA, unless
individual is mistakenly regarded by his employer as having disability. Americans with
Disabilities Act of 1990, § 3(2), 42 U.S.C.A. § 12102(2); 29 C.F.R. § 1630.8.
Three types of situation are within intended scope of rarely litigated asso...
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This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.
- Spring '08