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Bunn v. Khoury Enterprises, Inc.

Bunn v. Khoury Enterprises, Inc.

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Published by eric_meyer8174
ADA accommodation need only be reasonable; not the employee's first choice (7th Cir. 2014)
ADA accommodation need only be reasonable; not the employee's first choice (7th Cir. 2014)

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Published by: eric_meyer8174 on May 29, 2014
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05/29/2014

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In the
United States Court of Appeals
For the Seventh Circuit
No. 13-2292 J
OSHUA
B
UNN
 ,
Plaintiff-Appellant
 ,
v.
K
HOURY
E
NTERPRISES
 ,
 
I
NC
.,
Defendant-Appellee.
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division.No. 1:11-cv-01540 —
William T. Lawrence
 ,
 Judge.
 
A
RGUED
D
ECEMBER
13,
 
2013
 
 
D
ECIDED
M
AY
28,
 
2014Before
 
E
ASTERBROOK
 ,
 
K
ANNE
 , and R
OVNER
 ,
Circuit Judges.
K
ANNE
 ,
Circuit Judge.
 Joshua Bunn quit his job at a DairyQueen franchise and sued the franchisee, his former employer,under the Americans with Disabilities Act. Bunn, who isvision-impaired, believed that the employer failed to accom-modate his disability as required by law and that it subjectedhim to illegal disparate treatment when it reduced his sched-uled hours during the winter months. The district court
 
2No. 13-2292granted the employer’s motion for summary judgment on allclaims, and Bunn appealed. After disposing of an initialprocedural argument, we find that Bunn’s failure-to-accommo-date claim falls short because the employer
did
 reasonablyaccommodate Bunn’s disability. Next, we find that his dispa-rate treatment claim fails because he has not introducedsufficient evidence to create a triable issue of material fact and because the undisputed facts show that the defendant isentitled to judgment as a matter of law. We affirm the judg-ment of the district court in all respects.
I.
 
B
ACKGROUND
 Joshua Bunn is legally blind. He has no vision in one eyeand greatly reduced vision in the other. On July 25, 2010, Bunnapplied for employment with Khoury Enterprises (“Khoury”),a firm operating Dairy Queen franchises in the Indianapolisarea. On September 27, 2010, Khoury hired Bunn for an hourlyposition. The parties dispute whether that position wasformally classified as “full-time” or “part-time,” but for thepurposes of this lawsuit that distinction is irrelevant. Typically, hourly employees at Khoury’s Dairy Queenstores were required to rotate between various duty stations.These included preparing ice cream treats, preparing grilledfood, working the cash register, maintaining the dining area,and more. Bunn’s first assignment was to the “Chill” depart-ment, in which Dairy Queen’s well-known ice cream treatswere prepared. Bunn was unable to perform certain dutieswithin the department without accommodation. The type onthe ingredient labels was too small, and the monitors display-ing orders to be filled were too high.
 
No. 13-22923Store manager Larry Johnson took responsibility for findinga position better suited to Bunn’s needs. Eventually, he trainedBunn in the “Expo” department, in which employees wereresponsible for delivering food to dine-in customers andkeeping the store and the dining area clean. Bunn was able toperform his duties in the Expo department with minimalaccommodation, and Johnson decided to schedule Bunnexclusively in Expo. That meant Bunn’s position was differentfrom the position held by most of his hourly peers, as theycontinued to rotate between departments while he stayed put.But it did not mean that Bunn was given fewer hours. From thetime he was trained until the time he was suspended due toinsubordinate conduct towards a supervisor, Bunn wasscheduled full-time.On November 17, 2010, night manager Norma Caballeroasked Bunn to put his cell phone away while working (Bunnhad been warned about using his phone during his shift onmultiple occasions). Bunn refused, and Caballero reported thathe gave her an “attitude” for the rest of the shift, includingshoving a trash can at her when she asked him to take out thegarbage. Caballero contacted Larry Johnson, and Bunn wassuspended for ten days. Bunn signed a written suspensionnotice indicating that he understood why he was beingdisciplined.Bunn’s hours decreased following the suspension. InDecember 2010, Bunn requested and received seven days off.Khoury’s restaurants were also closed for the holidays, and onoccasion closed due to inclement weather. Bunn worked only23.41 hours that month. In January 2011, after returning fromvacation, Bunn worked just 12.33 hours. It is undisputed that,

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