Beaulieu v. Northrop Grumman Corp.
Beaulieu v. Northrop Grumman Corp.
Concurring Opinion
I concur in the court’s disposition with the following exception: I would not reach the question whether Beaulieu is substantially limited in a major life activity, and therefore do not concur in the court’s discussion of that question. The Ninth Circuit has never decided whether the necessity that diabetics strictly control their eating and dietary habits can constitute a substantial limitation in a major life activity for ADA purposes. Lawson v. CSX Transportation, Inc., 245 F.3d 916, 924-25 (7th Cir. 2001) did address the question and held that diabetics’ eating restrictions can constitute a substantial impairment. Lawson does not seem to me to be meaningfully distinguishable on its facts from this case as to the nature and severity of the eating restrictions the plaintiff must follow. So I would assume for purposes of this case, without deciding, that Beaulieu is a qualified person with a disability for ADA purposes.
I nonetheless concur because, even assuming Beaulieu is disabled under the ADA, the accommodation he requested of coming to work 10 to 15 minutes late every morning was not reasonable because it was unnecessary. Beaulieu did not adequately explain why he could not rearrange his breakfast routine to get to work on time. The defendants, on the other hand, suggested reasonable alternatives, which Beaulieu declined. See Barnett v. U.S. Air, Inc., 228 F.3d 1105, 1112 (9th Cir. 2000) (en banc) cert. granted in part, - U.S. -, 121 S.Ct. 1600, 149 L.Ed.2d 467 (employer has a mandatory obligation to engage in interactive process to determine whether accommodations are appropriate for employee’s recognized disability). Beaulieu’s supervisor suggested that instead of eating at the particular restaurant Beaulieu preferred, where the service was sometimes slow and caused him to be late, he could get a take-out meal or prepare a breakfast to bring with him to work and eat at his workstation. Either of these options would have enabled Beaulieu to eat at about the same time he was eating when he arrived late, and still come to work on time.
I therefore concur in the judgment, and in all of the court’s disposition except as-noted above.
Opinion of the Court
MEMORANDUM
Roger Joseph Beaulieu (“Beaulieu”) appeals the district court’s summary judgment in favor of his former employers Northrop Grumman Corporation (“Northrop”) and Adecco Employment Services (“Adecco”) (collectively “defendants”). Beaulieu argues that there is a genuine issue of material fact regarding: (1) whether his diabetes is a disability within the meaning of the Americans with Disabilities Act (“ADA”) requiring the defendants to provide him with a reasonable accommodation; and (2) whether he was fired in retaliation for his request for accommodation of his diabetes. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
Beaulieu alleged that the defendants discriminated against him under Title I of the ADA and corresponding Hawaii statutes by failing to grant his request for a reasonable accommodation for his diabetes. 42 U.S.C. § 12112(b)(5)(A); 29 C.F.R. § 1630.9 (2001). As an employee seeking accommodation, Beaulieu has the initial burden of showing he is disabled within the meaning of the ADA. Thornton v. McClatchy Newspapers, Inc., 261 F.3d 789, 794 (9th Cir. 2001). The district court properly found that Beaulieu failed to make this showing.
Although diabetes is a recognized impairment, Beaulieu’s diabetes does not substantially limit him in a major life activity. Bragdon v. Abbott, 524 U.S. 624, 631, 118 S.Ct. 2196, 141 L.Ed.2d 540 (1998). Beaulieu's diabetes requires moderate modification of his eating,
Beaulieu also alleged that Northrop
Beaulieu’s intentional infliction of emotional distress and other state law claims were properly dismissed by the district court and require no further discussion. The district court also properly denied Beaulieu’s motion for reconsideration.
AFFIRMED.
BERZON, Circuit Judge, concurring.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.
. In the district court, Beaulieu alleged that his diabetes substantially limited his major life activities of eating, working, walking, and breathing. On appeal, Beaulieu argues that only his eating was substantially limited, and we confine our discussion to that contention.
. Beaulieu's retaliation claim against Adecco was dismissed prior to summary judgment.
Reference
- Full Case Name
- Roger Joseph BEAULIEU v. NORTHROP GRUMMAN CORPORATION Adecco Employment Services, Inc.
- Cited By
- 1 case
- Status
- Published