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Johnson v. Parks

Johnson v. Parks

United States Court of Appeals for the Eleventh Circuit

November 14, 2022, Filed

No. 21-12696 Non-Argument Calendar

Opinion

PER CURIAM:

Patricia A. Johnson appeals the district court's grant of summary judgment to Walt Disney Parks and Resorts US, Inc. ("Disney") on her claim of disability discrimination under the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12112.1 Johnson alleged that Disney discriminated against her when it terminated her after denying her requests for a reasonable workplace accommodation.

On appeal, Johnson challenges the district court's summary judgment ruling on two grounds. First, she argues that the court erred in concluding that she failed to demonstrate she was disabled. Second, she contends that the district court erred in concluding that she was not a "qualified individual" under the ADA, 42 U.S.C. § 12111(8). After careful review, we affirm. [*2] 

I. BACKGROUND

In 2014, Johnson injured her neck in a car accident. Her injuries included bulging and herniated discs in her cervical vertebrae. One year later, Johnson began working for one of Disney's retail stores as a part-time retail cast member. In this position, her responsibilities included assisting guests, operating the register, stocking merchandise, and sorting inventory. It is undisputed that the position required standing for two to three hours per shift. When Johnson was hired, the store location where she worked, Disney Springs, was undergoing extensive construction and renovation. As a result, the store's parking lot was closed. Employees, including Johnson, were expected to park in a parking lot located on the other side of the Disney Springs property and walk about a mile to the store. Employees with a disability placard, however, were permitted to park in a parking lot closer to Johnson's assigned work location.

During her work shifts, Johnson suffered from pain and numbness in her right leg. She attributed this pain to her previous car accident, the walk from the parking lot, and having to stand as she worked.

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2022 U.S. App. LEXIS 31407 *; 2022 WL 16915741

PATRICIA A. JOHNSON, Plaintiff-Appellant, versus WALT DISNEY PARKS AND RESORTS U.S., INC., a Florida profit corporation, Defendant-Appellee.

Notice: PLEASE REFER TO FEDERAL RULES OF APPELLATE PROCEDURE RULE 32.1 GOVERNING THE CITATION TO UNPUBLISHED OPINIONS.

Prior History:  [*1] Appeal from the United States District Court for the Middle District of Florida. D.C. Docket No. 6:19-cv-02139-GAP-EJK.

Johnson v. Walt Disney Parks & Resorts U.S., Inc., 2021 U.S. Dist. LEXIS 151454, 2021 WL 3520366 (M.D. Fla., July 13, 2021)Johnson v. Walt Disney Parks & Resorts United States, 2021 U.S. Dist. LEXIS 153314, 2021 WL 3520222 (M.D. Fla., May 21, 2021)

Disposition: AFFIRMED.

CORE TERMS

district court, qualified individual, disability, prima facie claim, summary judgment, personalization, artist, walk, medical leave

Civil Procedure, Summary Judgment, Entitlement as Matter of Law, Appropriateness, Judgments, Entitlement as Matter of Law, Appellate Review, Standards of Review, Burdens of Proof, Scintilla Rule, Genuine Disputes, Business & Corporate Compliance, Disability Discrimination, Scope & Definitions, Discriminatory Conduct, Labor & Employment Law, Evidence, Burden Shifting, Circumstantial Evidence, Direct Evidence, Employee Burdens of Proof, Qualified Individuals With Disabilities, Appeals, Reviewability of Lower Court Decisions, Preservation for Review, Appellate Briefs