Byrne v. Board of Educ., School of West Allis

2 Citing briefs

  1. Smith et al v. Township of Warren et al

    MOTION to Dismiss Plaintiffs' Amended Complaint, MOTION to Dismiss for Lack of Jurisdiction Plaintiffs' Amended Complaint

    Filed July 22, 2016

    Byrne v. Bd. of Case 3:14-cv-07178-MAS-LHG Document 57-1 Filed 07/22/16 Page 28 of 38 PageID: 443 23 Educ., School of W. Allis-West Milwaukee, 979 F.2d 560, 563 (7th Cir. 1992). To establish a prima facie case of discrimination under 29 U.S.C. § 794, a plaintiff must prove: (1) that he or she is an individual with a disability under the act, (2) that he or she is otherwise qualified for the benefit sought, (3) that he or she was discriminated against solely by reason of his disability, and (4) that the program or activity in question receives federal financial assistance.

  2. Flynn v. Distinctive Home Care, Inc. et al

    MOTION for Summary Judgment

    Filed October 31, 2014

    For a plaintiff to show that she is substantially limited in a major life activity, she must be impaired in her ability to be generally employed in a broad range of jobs, not merely for the position that she may wish to hold. Sutton v. United Airlines, 527 U.S. 471, 491, 119 S. Ct. 2139 (1999); Kemp v. Holder, 610 F.3d 231, 234 (5th Cir. 2010); Byrne v. Board of Educ., 979 F.2d 560, 565 (7th Cir. 1992). An impairment that limits a plaintiff’s ability to engage in a narrow range of jobs or only a particular job does not establish that the condition “substantially limits” a major life activity.