Discrimination – Termination

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7^th Circuit Court of Appeals

Case Name: EEOC v. Autozone Inc.

Case No.: 15-1753

Officials: BAUER, RIPPLE, and ROVNER, Circuit Judges

Practice Area: Discrimination – Termination

Appellant not qualified as an individual with a disability, therefore termination did not amount to discrimination.

“At trial, AutoZone presented testimony from former PSMs at the Cudahy, Wisconsin, location regarding the lifting requirements of a PSM. For example, Angel Maldonado (“Maldonado”) testified that the PSM job functions included lifting and moving the items at the store, as well as the items brought in by the customers, at least 30‐40 times per day. Maldonado agreed that lifting the products sold at the store was a “regular part” of the job, and that when he initially received the PSM position, he understood that it involved “heavy lifting.” Tabari Stewart (“Stewart”), another former PSM at the Cudahy, Wisconsin, location, testified that it was a regular aspect of customer assistance to retrieve an item from the store, hold it forthe customerto inspect, and even carry the item to the customer’s car. In addition, the testimony at trial establishedthatthe items atthe store could weigh substantially more than 15 pounds. For example, car batteries could weigh anywhere from 25 to 75 pounds. Cases of antifreeze and motor oil weighed around 30 pounds. AutoZone also established an itemized list of other products within the store that weighed over 15 pounds, such as brakes, rotors, brake drums, ready‐ mount struts, and radiators.”

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.