Timothy Mayo v. Pcc Structurals

Good Law
795 F.3d 941·2015 WL 4529357·31 Am. Disabilities Cas. (BNA) 1556·2015 U.S. App. LEXIS 13065
United States Court of Appeals for the Ninth CircuitJuly 28, 201513-35643California2,946 words

Opinion

Opinion

Owens, J.

Timothy Mayo appeals from the district court’s grant of summary judgment in favor of his former employer, PCC Structural, Inc., on his claim of discrimination in violation of Oregon disability law. The district court concluded that because Mayo had threatened to kill certain co-workers, he was not a “qualified individual” under the Oregon statute. We’ have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

I. BACKGROUND

Mayo’s career at PCC Structural (a leader in superalloy, aluminum and titanium easting) began in 1987. Although he was diagnosed in 1999 with major depressive disorder, medication and treatment enabled him to work without significant incident for many years. However, things changed in 2010. Mayo (who welded aircraft parts) and some co-workers began to have issues with a supervisor who they claimed was bullying them and making work life miserable. In January 2011, a co-worker complained on a company hotline, which led to a meeting among Mayo, the co-worker, and PCC’s Human Resources Director for Oregon about the supervisor’s behavior.

Shortly after the meeting, Mayo made threatening comments to at least three coworkers. He told one that he “fe[lt] like…

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