O'Bryant v. City of Midland, 93-8239
| Decision Date | 22 December 1993 |
| Docket Number | No. 93-8239,93-8239 |
| Citation | 9 F.3d 421 |
| Parties | 63 Empl. Prac. Dec. P 42,743, 3 A.D. Cases 128, 3 ADD 884, 4 NDLR P 340 Milton O'BRYANT, Plaintiff-Appellant, v. CITY OF MIDLAND, Defendant-Appellee. |
| Court | U.S. Court of Appeals — Fifth Circuit |
John E. Gunter, Glen D. Aaron, II, Midland, TX, for plaintiff-appellant.
Richard D. Davis, Jr., Kristi F. Hyatt, Cotton, Bledsoe, Tighe & Dawson, Midland, TX, for defendant-appellee.
Appeal from the United States District Court for the Western District of Texas.
Before POLITZ, Chief Judge, GARWOOD, Circuit Judge, and PARKER, * District Judge.
Milton O'Bryant appeals the summary judgment dismissal of his claims based on a conclusion by the district court that the Americans with Disabilities Act (ADA) is not retroactive.
O'Bryant's complaint is based on actions allegedly taken by the defendant City of Midland in July 1990 and in July 1991 as a result of a disabling injury O'Bryant sustained in October 1989. Congress specifically made the ADA effective with respect to state and local governments as of January 26, 1992. The statute becomes effective as to private employers, depending on the number of employees, either on July 26, 1992, or July 26, 1994. O'Bryant's complaint was filed on September 28, 1992.
Persuaded that Congress did not intend retroactivity for the ADA and perceiving no basis for concluding otherwise, we hold that the ADA is not to be given retroactive effect and, accordingly, AFFIRM.
* Chief Judge of the Eastern District of Texas, sitting by designation.
To continue reading
Request your trial
-
Gonzales v. Garner Food Services, Inc.
...disability discrimination by employers. 6 As applied to private employers, Title I is not retroactive. See O'Bryant v. City of Midland, 9 F.3d 421, 422 (5th Cir.1993); see also 1990 U.S.C.C.A.N. 601 (statement by President George Bush upon signing S. 933). Against this background, courts ha......
-
Smith v. Midland Brake, Inc., a Div. of Echlin, Inc.
...to positions vacant after that date. See Smith v. United Parcel Service of America, Inc., 65 F.3d 266 (2d Cir.1995); O'Bryant v. City of Midland, 9 F.3d 421 (5th Cir.1993). The Flexisticks and kit assembly positions became vacant in July and there is evidence that at least one of the positi......
-
Dollinger v. State Ins. Fund
...treatment under the ADA. See Smith v. United Parcel Serv. of Am., Inc., 65 F.3d 266, 266 (2d Cir.1995); O'Bryant v. City of Midland, 9 F.3d 421, 422 (5th Cir. 1993). While the 1997 DHR Complaint contains dates of the alleged discriminatory acts, the federal Complaint lacks, in large part, s......
-
Niece v. Fitzner
...effect, and the various courts considering the question have held that the Act cannot be applied retroactively. E.g., O'Bryant v. Midland, 9 F.3d 421, 422 (5th Cir.1993); Noel v. Cornell University Medical College, 853 F.Supp. 93 (S.D.N.Y.1994). Because the complaint alleges no actions by d......