Bradley v. Little Rock Wastewater Utility, 021413 FED8, 12-1405

Docket Nº:12-1405
Opinion Judge:PER CURIAM.
Party Name:Allen Bradley, Plaintiff - Appellant v. Little Rock Wastewater Utility; Dale Gilbert, in his individual and official capacity as a Supervisor of Little Rock Wastewater Utility, Defendants-Appellees
Judge Panel:Before RILEY, Chief Judge, WOLLMAN and GRUENDER, Circuit Judges.
Case Date:February 14, 2013
Court:United States Courts of Appeals, Court of Appeals for the Eighth Circuit
 
FREE EXCERPT

Allen Bradley, Plaintiff - Appellant

v.

Little Rock Wastewater Utility; Dale Gilbert, in his individual and official capacity as a Supervisor of Little Rock Wastewater Utility, Defendants-Appellees

No. 12-1405

United States Court of Appeals, Eighth Circuit

February 14, 2013

UNPUBLISHED

Submitted: January 16, 2013

Appeal from United States District Court for the Eastern District of Arkansas - Little Rock

Before RILEY, Chief Judge, WOLLMAN and GRUENDER, Circuit Judges.

PER CURIAM.

Allen Bradley claims that the Little Rock Wastewater Utility ("LRW"), his former employer, and Dale Gilbert, his former supervisor, interfered with his rights under the Family and Medical Leave Act ("FMLA"). He also claims that LRW terminated his employment in violation of the Americans with Disabilities Act ("ADA"). The district court1 entered summary judgment in favor of Gilbert and LRW, and Bradley appeals.

Bradley was employed by LRW, the municipally owned sewer utility for Little Rock, Arkansas, from 1994 until July 2009. As an LRW employee, Bradley had a history of poor performance, consistently ranking below his peers in annual evaluations. LRW rates its employees in ten different performance categories each year. Out of 40 possible points, Bradley earned scores of 23 and 25 in 2007 and 2008, respectively. Comparatively, the three other technicians on Bradley's team earned scores between 32 and 36.

Between April 14 and May 25, 2009, Bradley arrived late for work three times, and he also missed two full days. On May 26, he again was absent from work and did not contact LRW with an explanation, in violation of LRW's call-in policy. That day, Gilbert issued Bradley a written warning and placed him on probation for six months for failing to comply with LRW's attendance policies.

Gilbert issued Bradley a second written warning on July 17, 2009, which identified several other performance-related deficiencies. In this warning, Gilbert cited Bradley for failing to complete assigned work in a timely manner, failing to complete paperwork as instructed, failing to perform department work in an organized manner, and inability to perform the tasks required by his position. Gilbert also cited Bradley for failing to wear safety shoes in hazardous areas as required by LRW's safety policies.

On July 22, 2009, LRW terminated Bradley's employment for insubordination. Bradley had sustained an injury at home in November 2008, and he had been on light duty since February 2009. When Gilbert observed Bradley performing several restricted tasks, he asked Bradley to produce a doctor's note releasing him to full duty by July 21. Bradley failed to produce a note, and Gilbert arranged a meeting the next day to inform Bradley that he was being placed on...

To continue reading

FREE SIGN UP