80 F.3d 445 (11th Cir. 1996), 95-4808, Morisky v. Broward County

Docket Nº:95-4808
Citation:80 F.3d 445
Party Name:Loretta MORISKY, Plaintiff-Appellant, v. BROWARD COUNTY, a political subdivision of the State of Florida, Defendant-Appellee.
Case Date:April 11, 1996
Court:United States Courts of Appeals, Court of Appeals for the Eleventh Circuit

Page 445

80 F.3d 445 (11th Cir. 1996)

Loretta MORISKY, Plaintiff-Appellant,


BROWARD COUNTY, a political subdivision of the State of

Florida, Defendant-Appellee.

No. 95-4808

United States Court of Appeals, Eleventh Circuit

April 11, 1996

Page 446

Jay M. Levy, Miami, FL, Barbara L. Kornblau, Law Office of Barbara L. Kornblau, Miami, FL, and R. Cory Schnepper, Levine, Busch, Schnepper & Stein, P.A., Miami, FL, for appellant.

Tamara A. McNierney, Broward County Attorney's Office, Ft. Lauderdale, FL, for appellee.

Appeal from the United States District Court for the Southern District of Florida.

Before TJOFLAT, Chief Judge, and DUBINA and BLACK, Circuit Judges.


We affirm the judgment of the district court for the reasons stated in the court's dispositive order, attached hereto as an Appendix.



THIS CAUSE came before the Court for hearing on December 14, 1994 on Defendant Broward County's Motion for Summary Judgment (DE # 13). After full consideration of the undisputed facts, memoranda of law, affidavits, and argument of counsel, it is found as follows:


On approximately February 15, 1994, Loretta Morisky submitted a form application for the position of Custodian I with the Defendant Broward County. The job announcement for the custodial position provided that a written test was required in the application process. On the face of the form, applicants were advised to notify the staff if testing assistance was needed due to a disability. On the education section of the application, Morisky indicated that she had not received the requisite high school diploma. Her application was considered nonetheless because she indicated that she had completed special education courses. 1

On the scheduled test date, Morisky arrived at the testing center accompanied by Robert Magaz, a vocational rehabilitation counselor. Magaz informed the test proctor that Morisky was illiterate and was suffering from bronchial asthma. Although Morisky

Page 447

had not previously requested an accommodation, Magaz requested that he, or an employee of Broward County, be allowed to read the test to Morisky. Morisky made a similar request. Both the proctor and her supervisor refused to allow Morisky to have the test read to her based upon their belief that an ability to read was a requirement of the Custodian I position. At no time did Morisky or Magaz inform anyone employed by Broward County that Morisky had a mental or developmental disability. Instead, Morisky elected not to take the test.

On April 6, 1994, Morisky filed the instant complaint against Defendant Broward County, alleging violations of the Americans with Disabilities Act. Specifically, the plaintiff alleges that the defendant failed to provide a...

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