Judge Michael Telesca
Emerllahu, a packer for Pactiv, was suspended on Oct. 7, 2009. His wrist and forearm were injured when police were called to escort him off premises. After Pactiv’s on-site doctor issued work restrictions, Emerllahu requested a doctor’s note excusing him from work due to wrist pain. Returning on Oct. 23, he was reassigned. By Nov. 3, he testified that he “was not able to [work]” because of arm and wrist pain. Emerllahu sought leave under the Family and Medical Leave Act, and filed a Workers’ Compensation claim that was denied because his injuries were not sustained during employment. Receiving Social Security Disability payments, he has not returned to Pactiv. In his lawsuit under the Americans with Disabilities Act (ADA), the court held Emerllahu did not make a prima facie case of discrimination, retaliation, or violation of the ADA’s provisions regarding medical inquiries. No record evidence corroborated his conclusory statement that he could perform his duties as a packer with or without a reasonable accommodation. Nor did Emerllahu identify any accommodation—or provide evidence regarding the reasonableness of such accommodation—allowing him to perform the essential functions of his job triggering the requirements of the ADA.
