Wells

MEMORANDUM *

Donald Wells, a former employee of District Lodge 751 (“the union”) brought an action against the union alleging violations of the Americans with Disabilities Act (“ADA”), the Washington Law against Discrimination (“WLAD”), and breach of contract. The union appeals the district court’s judgment, following a jury verdict and award of $80,000 in damages, in favor of Sharyn Wells, as personal representative of the estate of Donald Wells. We affirm in part and reverse in part the district court’s judgment.

The union argues that the district court erred in denying its motion for judgment as a matter of law on Wells’s discrimination claims because Wells was not a qualified individual under the ADA and the WLAD, and because the medical leave requested by him was not a reasonable accommodation. The union first argues that Wells was not a qualified individual because he was not able to work and had no reasonable expectation of ever returning to work. However, Wells offered medical testimony indicating that he was able to perform the essential duties of his job on the day of his termination. In light of the evidence of the marked improvement in Wells’s condition due to the…