Jason Owens v. Lumber Products

Jason Owens (“Plaintiff’) appeals a summary judgment for Lumber Products (“Defendant”) in Plaintiffs action against Defendant for violating the Americans with Disabilities Act. We have jurisdiction under 28 U.S.C. § 1291 . We reverse.

The ADA prohibits discrimination “against a qualified individual on the basis of disability....” 42 U.S.C. § 12112 (a); Sutton v. United Air Lines, 527 U.S. 471, 477 , 119 S.Ct. 2139 , 144 L.Ed.2d 450 (1999). The district court concluded that plaintiff is not disabled because his narcolepsy can be completely controlled with a combination of Provigil and Adderall, as Plaintiff conceded in his deposition, and because he is disqualified from only a “single, particular job.”

Plaintiff argues he is disqualified from all jobs operating machinery; Defendant argues Plaintiff is only disqualified from working as a night-shift forklift operator. The district court’s order states that Plaintiff is disqualified from only a single, particular job before mentioning whether Plaintiff can work the day shift. When the order discusses the day shift, it notes that Plaintiff “implie[d] that perhaps he could” operate a forklift without Adderall on the day shift. This…