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Court: Driver didn't prove discrimination

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The 7th Circuit Court of Appeals affirmed summary judgment in favor of a truck driver's former company in the driver's suit against it for discrimination, finding he failed to present a genuine issue of material fact in his Americans with Disabilities Act claims.

In Gerald D. Lloyd v. Swifty Transportation, Inc., No. 07-1476, Gerald Lloyd worked for Swifty from 1998 until May 2005 as a night-shift driver. The company was aware of his prosthetic leg when it hired him and granted him medical leave several times.

Lloyd filed his suit claiming violations under the ADA and the Family and Medical Leave Act in August 2005, claiming Swifty repeatedly failed to promote him to lead driver, disciplined him, paid him less than other drivers, and created a hostile working environment that led him to quit, all relating to his disability. He also claimed the company breached a negotiated settlement agreement by not interviewing him for two open lead-driver positions, which would be considered a promotion.

The 7th Circuit Court of Appeals affirmed summary judgment in favor of Swifty. Since the company employs fewer than 50 workers, it's not subject to the FMLA, affirmed the federal appellate court.

In Lloyd's breach-of-contract claim, he never showed he was qualified to be promoted to lead driver. His agreement with the company was that they would interview him for any open lead-driver positions, but Swifty wasn't obligated to hire him if he wasn't qualified, Judge Ilana D. Rovner wrote.

Even though it's undisputed by the parties that Lloyd wouldn't have been promoted, he believes he should be eligible for damages for being denied even the opportunity to interview for a lead-driver position twice in 2004.

"The District Court observed that the Indiana courts have not yet recognized lost-opportunity damages in contracts cases. In this court Lloyd does not disagree or provide any authority that the District Court is wrong. More importantly, Lloyd failed to produce any evidence about lost-opportunity damages."

The 7th Circuit also affirmed the grant of summary judgment in favor of Swifty in all of Lloyd's remaining claims. Lloyd failed to establish a prima facie case that he was discriminated against because of his disability. Lloyd, who had been disciplined for loading gas from the wrong supplier, didn't present any evidence to show other drivers without a disability weren't disciplined for similar conduct. He also failed to establish a prima facie case regarding his pay because he didn't prove he was paid less than similarly situated drivers without a disability, wrote the judge.

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  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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