Sue Pritchard v. Southern Company Services, Don Welliver, and Jeff Prince

How later courts describe this case

• holding that liability under the Rehabilitation Act lies against an employer, not the individual officers of an employer
• reversing summary judgment on the first element, disability, but leaving open on remand whether the plaintiff was a qualified individual and was discriminated against because of her disability
• affirming the dismissal of ADA claims against individual defendants because the “remedy for any discrimination [the plaintiff] may have suffered on account of her alleged disability lies against her employer, not individual officers of her employer”
• “There is nothing to indicate that Pritchard’s statements (which were based on the statements of unknown co-workers) will lead to admissible evidence.”
• liability under the Rehabilitation Act lies against employer, not individual officers of employer
• individual liability precluded under Title I of ADA in light of the similarities between Title VII and ADA definitions of “employer” and the Circuit's previous holding that there is no individual liability under Title VII
• portion of last paragraph of opinion amended with no substantive changes
• “Depression has been held to constitute a mental impairment.”