Richard D. Holihan v. Lucky Stores, Inc.

Richard D. Holihan appeals the district court’s summary judgment in favor of Lucky Stores, Inc. (Lucky), in Holihan’s action for employment discrimination in violation of the Americans With Disabilities Act (ADA), 42 U.S.C. § 12101 et seq. The district court held that Lucky was entitled to summary judgment because Holihan was not disabled within the meaning of the ADA.

We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse. We hold that there is a genuine issue of material fact as to whether Holihan had a disability within the meaning of section 12102(2)(C) of the ADA, which defines “disability” to include “being regarded as having” a substantially limiting impairment.

I

Holihan began working for Lucky’s chain of supermarkets in 1966 and became a store manager in 1976. Between 1976 and 1992, he managed eight different stores without any significant problems. Indeed, Holihan was very successful at Lucky, even being named the company’s all-time profit producer. Between April and July 1992, however, he was the subject of numerous employee complaints. Among other things, these complaints charged him with hostility and abusiveness, including manhandling, berating and…