ILNews

Dairy Queen did not discriminate against blind employee

Back to TopCommentsE-mailPrintBookmark and Share

The 7th Circuit Court of Appeals affirmed summary judgment in favor of a firm that operates Dairy Queens in Indianapolis on a former employee’s claim the employer violated the Americans with Disabilities Act.

Joshua Bunn, who is legally blind, worked exclusively in the “Expo” department in the restaurant, in which employees deliver food to dine-in customers and keep the store and dining area clean. Bunn’s manager, Larry Johnson, originally had Bunn move around to the different departments to work, as is done with other employees, but he found Bunn could best perform his duties in the Expo department with minimal accommodation.

Bunn quit in February 2011, telling Johnson he thought he could work more hours with another employer. Bunn was working full time, but his hours became reduced during the winter months. He also had served a 10-day suspension in November 2010 due to insubordinate conduct toward a supervisor.

After he quit, he sued Khoury Enterprises, the firm that owned the Dairy Queen, alleging the restaurant failed to accommodate his disability as required by law and it subjected him to illegal disparate treatment when it reduced his scheduled hours in the winter months. The District Court ruled in favor of Khoury Enterprises.

In Joshua Bunn v. Khoury Enterprises Inc., 13-2292, the 7th Circuit affirmed. The judges found his failure-to-accommodate claims fell short because his employer did reasonably accommodate his disability. His disparate treatment claim failed too because Bunn did not introduce sufficient evidence to create a triable issue of material fact under either the direct or indirect method of proof. The undisputed facts show that Khoury Enterprises is entitled to judgment as a matter of law.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

ADVERTISEMENT