Mazzeo v. Color Resolutions International, LLC

Anthony Mazzeo (plaintiff) worked as a sales representative with Color Resolutions International (the company) (defendant). In 2008 Mazzeo informed the company that he had a herniated disc and torn ligaments in his back, which would likely require surgery. The surgery would require Mazzeo to refrain from working for two weeks. Mazzeo would then be restricted in performing certain activities for three to six months. On February 25, 2009, Mazzeo informed his supervisor that the surgery had been scheduled. On February 26, the company began the process of terminating Mazzeo. Following the termination, Mazzeo filed an action against the company in federal district court. Mazzeo alleged that the company had violated the Americans with Disabilities Act (ADA) and the Florida Civil Rights Act. Mazzeo submitted an affidavit from his physician stating that Mazzeo’s back issues affected his walking, bending, sleeping, and lifting. However, Mazzeo testified that his back issues only affected his ability to golf and have sex. Based on the evidence, the district court granted summary judgment for the company after concluding that Mazzeo did not have a disability. The district court found that the affidavit did not demonstrate that Mazzeo’s back issues substantially limited any major life activities, which was further affirmed by Mazzeo’s own testimony. The district court made this conclusion even though the testimony was unclear as to whether Mazzeo was discussing his pre- or postsurgery status. Mazzeo appealed.