Unformatted text preview: lindin, failed to go beyond mere allegations, and to demonstrate that he suffered an
"adverse employment action." In addition, the employer proffered irrefutably appropriate
reasons for everything it did.
McAlindin describes himself, in what amounts to a self-serving diagnosis, as "essentially
paralyzed." He says that the medication does not solve his work problems because "at
least once a month, I am completely incapacitated and forced to lie down. The medication
creates dizziness, lightheadedness, narrowed vision, and strange sensations in my head,
and my arms and legs." If he is correct, I do not see how on earth such symptoms could
be accommodated by his employer. McAlindin, who still works for the County, has never
indicated how a transfer would help him perform the essential functions of the work he
wishes to pursue, but more importantly, the employer did nothing to interfere with his
right to transfer, telling [**38] him only that the request was "premature." 209 210 Case # 22 EEOC v. PREVO'S FAMILY MARKET, INC EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellee, v.
PREVO'S FAMILY MARKET, INC., Defendant-Appellant.
UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT
135 F.3d 1089; 1998 U.S. App. LEXIS 1459; 1998 FED App. 0047P (6th Cir.); 159
A.L.R. Fed. 643; 8 Am.
Disabilities Cas. (BNA) 401
September 8, 1997, Argued
February 4, 1998, Decided
February 4, 1998, Filed
SUBSEQUENT HISTORY: [**1] Rehearing Denied April 23, 1998, Reported at: 1998
U.S. App. LEXIS
PRIOR HISTORY: Appeal from the United States District Court for the Western District
of Michigan at Grand
Rapids. No. 95-00446. Richard A. Enslen, Chief District Judge.
DISPOSITION: District court's grant of summary judgment in favor of the EEOC on the
issue of liability REVERSED. Award of compensatory damages, back pay, pre-judgment
interest and reinstatement VACATED. District court's award of punitive damages
COUNSEL: ARGUED: Craig H. Lubben, MILLER, JOHNSON, SNELL &
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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