Phillip Smith v. Union County Board of Ed.
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:13-cv-00707-RJC-DCK. Copies to all parties and the district court. . [15-1319]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
Plaintiff - Appellant,
UNION COUNTY BOARD OF EDUCATION,
Defendant – Appellee,
NORTH CAROLINA DEPARTMENT OF PUBLIC INSTRUCTION,
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Robert J. Conrad,
Jr., District Judge. (3:13-cv-00707-RJC-DCK)
March 30, 2016
April 14, 2016
Before AGEE, WYNN, and HARRIS, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Kirk J. Angel, THE ANGEL LAW FIRM, PLLC, Concord, North
Carolina, for Appellant.
Katherine T. Armstrong, William C.
Robinson, ROBINSON, ELLIOTT & SMITH, Charlotte, North Carolina,
Unpublished opinions are not binding precedent in this circuit.
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Phillip Smith appeals the district court’s order granting
summary judgment to Smith’s former employer in this Americans
with Disabilities Act (“ADA”) action.
Smith raises two issues
on appeal: (1) whether the district court improperly credited
the employer’s evidence and failed to properly evaluate evidence
offered by Smith regarding pre-offer medical inquiry under the
Accordingly, we affirm for the reasons stated
by the district court.
Smith v. Union Cty. Bd. of Educ., No.
3:13-cv-00707-RJC-DCK (W.D.N.C. March 5, 2015) (stating reasons
on the record at the hearing on March 4, 2015); see Myers v.
litigant’s medical conditions precluded him from being a bus
driver in his ADA discrimination action).
We dispense with oral
argument because the facts and legal contentions are adequately
presented in the materials before this court and argument would
not aid the decisional process.
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