Norman Hutton v. Elf Atochem North America, Inc., a Pennsylvania Corporation

Plaintiff-Appellant Norman Hutton (“Hutton”) sued his former employer, De-fendanb-Appellee Elf Atochem North America, Inc. (“Elf’), for disability discrimination under Title I of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. §§ 12101-12117 (1995), and Oregon’s disability discrimination law, Or.Rev. Stat. §§ 659.405, 659.436 (1999), in state court. The case was removed to federal district court on the basis of diversity jurisdiction, where the parties consented to having the case heard by a magistrate judge under 28 U.S.C. § 636 (c)(1). The district court granted Elfs motion for summary judgment, concluding that Hutton had not established that he was a qualified individual under the relevant statutes. Hutton timely filed this appeal, arguing that the existence of genuine issues of material fact regarding his ability to perform the essential functions of his job precluded summary judgment. We have jurisdiction under 28 U.S.C. §§ 636 (c)(3) & 1291, and we affirm.

I. Factual Background

Elf operates a 55-acre facility in Portland, Oregon, where it manufactures chlorine and related chemical products. The plant operates on a 24-hour-per-day basis. Hutton began working…