restricted to light-duty assignments, which do not
involve "excessive standing, excessive walking, excessive pole and/or
structure climbing, excessive stair climbing, prolonged physical
exertion, lifting or excessive bending, and driving." Ditzel Aff., Ex.
E. Dr. Jordan also indicated that Bonner was limited to sedentary
activity until further notice. Id. In 1993, Dr. Lucien Rouse recommended
that plaintiff's "light-duty status be a permanent restriction." Ditzel
Aff., Ex. G, p. 2.
Bonner continued to experience problems with his knee, and in June of
1999, he underwent another arthroscopic procedure. Following this
surgery, Bonner's doctor permitted him to return to work in September of
1999. Bonner was not permitted to kneel, stand for extended periods,
climb stairs, or drive or sit without breaks. Ditzel Aff., Ex. P. Bonner
is still subject to the same work restrictions. In addition, his current
medication sometimes causes dizziness or drowsiness.
Defendant's Statement of Material Facts, ¶ 15 (undisputed by
A motion for summary judgment shall be granted if "the pleadings,
depositions, answers to interrogatories, and admissions on file, together
with the affidavits, if any, show that there is no genuine issue as to
any material fact and that the moving party is entitled to a judgment as
a matter of law." Fed.R.Civ.P. 56(c). It is the moving party's burden to
demonstrate "the absence of a genuine issue of material fact." Celotex
Corp. v. Catrett, 477 U.S. 317, 323(1986). "When the moving party has
carried its burden," the non-moving party "must do more than simply show
that there is some metaphysical doubt as to the material facts."
Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586
(1986). "[T]he non-moving party must come forward with `specific facts
showing that there is a genuine issue for trial.'" Id. at 587 (emphasis
in original) (quoting Fed. R. Civ. P. 56(e)).
The ADA provides that "[n]o covered entity shall discriminate against a
qualified individual with a disability because of the disability of such
individual in regard to job application procedures, the hiring,
advancement, or discharge of employees, employee compensation, job
training, and other terms, conditions, and privileges of employment."
42 U.S.C. § 12112(a). A "qualified individual with a disability" is
one who "with or without reasonable accommodation, can perform the
essential functions of the employment position that such individual holds
or desires." Id. at 12111(8).
A reasonable accommodation may include: "job restructuring, part-time
or modified work schedules, reassignment to a vacant position,
acquisition or modification of equipment or devices, appropriate
adjustment or modifications of examinations, training materials or
policies, the provision of qualified readers or interpreters, and other
similar accommodations for individuals with disabilities."
42 U.S.C. § 12111(9)(B).
A. Essential Functions of a First-Class Gas Fitter
In general, the essential functions of a job are "the `fundamental'
duties of the position in question, but not functions that are merely
`marginal.'" Mitchell v. Washingtonville Cent. School Dist., 190 F.3d 1,
8 (2d Cir. 1999) (citing 29 C.F.R. § 1630.2(n)(1)). "Evidence of
whether a particular function is essential" may include "written job
descriptions" and "[t]he terms of a collective bargaining agreement."
29 C.F.R. § 1630.2(n)(3)(ii)&(v).
The collective bargaining agreement between NYSEG and its employees
outlines the duties and responsibilities of a first-class gas fitter. The
agreement summarizes the essential functions of the job.
Duties: under general supervision performs all kinds
of repairs and construction work on gas mains and
services, and services, maintains, and places in
operation all types of domestic, commercial and
industrial gas appliances, equipment and incidental
piping or wiring used in connection therewith.
1. Tapping, penetration, stopping, leak repairing and
clearing of energized lines.
2. Purging and energizing of gas mains, services,
regulating, metering and other system equipment.
3. Maintaining, operating and repairing regulating,
odorizing, filtering and related equipment.
4. Acting as inspector for main and service
5. Fabrication and sketching of piping tie-ins and
simple gas service replacements in the field.
Correction of sketches necessitated by field
6. Directs the work of one other Fitter 1/C or lower
grade directly assisting him; may also direct
others performing such duties as equipment
operation, digging and directing traffic.
7. May be required to cut services on or off and
remove and set gas and electric meters.
8. May perform duties of Equipment Driver/Operators at or
below his wage level.
9. Performs other related or less skilled work as
Ilacqua Aff., Ex. A; Ditzel Aff., Ex. A.