Opinion · Court of Appeals for the Eleventh Circuit
Sue Pritchard v. Southern Company Services, Don Welliver, and Jeff Prince
102 F.3d 1118
- Type
- Opinion
- Court
- Court of Appeals for the Eleventh Circuit
- Jurisdiction
- Federal
- Date
- 1996-12-13
- Topic
- commercial
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.”
Citator
- Cited by
- 28 opinions
John J. Coleman, III, Teresa G. Minor, Birmingham, AL, for Defendants-Appellees.
ON PETITION FOR REHEARING
(Opinion Aug. 28, 1996, 11th Cir., 1996,92 F.3d 1130)
[2] Appellees' Petition for Rehearing is denied except as to a modification of the last paragraph of our opinion clarifying the status of the individual officers of Southern Company Services, Inc. Part IV Conclusion is amended to read:
- [EDITORS' NOTE: FOOTNOTE * IS OMITTED FROM THE OFFICIAL COPY OF THIS DOCUMENT, THEREFORE IT IS NOT DISPLAYED IN THE ONLINE VERSION.] ↩
- Pritchard's remedy for any discrimination she may have suffered on account of her alleged disability lies against her employer, not individual officers of her employer.See Mason v. Stallings,82 F.3d 1007,1009(11th Cir. 1996) ↩