Billups v. Emerald Coast Utilities Authority

In 1995 Emerald Coast Utilities Authority (Emerald) (defendant) hired Roderick Billups (plaintiff) to repair water and sewer lines. The task was physically demanding and required heavy lifting. In December 2013, Billups sustained an on-the-job shoulder injury, which required surgery. The surgery took place in April 2014. Billups received 26 weeks of leave under Emerald’s leave policy. By June 2014, Billups was still unable to work. Emerald notified Billups that his leave was ending and he would likely be terminated because he was unable to work. Emerald held a predetermination hearing, during which Billups provided his recovery status and introduced medical reports. Emerald expressed concern that Billups was unable to perform his job, and it was uncertain when he would be able to do so. Billups later submitted a note from his physical therapist, stating that Billups’s strength was improving and that he would be able to perform his work without restrictions after completing therapy. However, Billups was required to attend physical therapy until at least mid-July, and he could only be cleared by a physician. On June 23, Emerald terminated Billups because he was unable to perform his job with or without reasonable accommodations. Billups sued Emerald in federal district court under the Americans with Disabilities Act (ADA). Billups argued that Emerald had unlawfully discriminated against him by failing to provide him with extended leave. The district court granted Emerald summary judgment. The matter was appealed.