Nick Lankford v. Radioshack Corporation

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 07a0348n.06
Filed: May 17, 2007
No. 06-5814
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
NICK LANKFORD,
Plaintiff-Appellant,
v.
RADIOSHACK CORPORATION,
Defendant-Appellee.
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ON APPEAL FROM THE
UNITED STATES DISTRICT
COURT FOR THE WESTERN
DISTRICT OF KENTUCKY
O P I N I O N
BEFORE: COLE, CLAY, and GILMAN, Circuit Judges.
R. GUY COLE, JR., Circuit Judge. Plaintiff-Appellant Nick Lankford sued his former
employer, RadioShack Corporation, for disability discrimination in violation of the Kentucky Civil
Rights Act (“KCRA”), Ky. Rev. Stat. §§344.010-.045. The district court granted summary judgment
for RadioShack, concluding that Lankford failed to establish a prima facie case of disability
discrimination because he could not show that he was qualified to perform the essential functions
of his job as a RadioShack store manager.
Lankford is legally blind as a result of a rare optic condition called Leber’s Disease. Despite
his disability, Lankford excelled as a RadioShack sales associate. In September 2003, RadioShack
promoted Lankford to the position of store manager. The duties of a store manager include
“merchandising,” which refers to maintaining prescribed standards for the proper appearance and

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No. 06-5814
Lankford v. RadioShack Corp.
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organization of a RadioShack store. A properly “merchandised” store is clean and orderly and
complies with RadioShack’s “plan-o-gram,” which lays out how products are to be grouped and
displayed to ensure that the store is customer friendly.
Shortly after assuming his position as store manager, Lankford was given low marks for his
merchandising skills. By January 2004, the store was in such a state of disarray that the district
manager to whom Lankford reported testified that it looked like it was “going out of business.”
(Joint Appendix (“JA”) 66.) Although Lankford’s supervisors worked with him to improve his
merchandising skills throughout the fall and winter of 2003, they finally relieved him of his
particular managerial job in February 2004. RadioShack gave Lankford two options, including
working as a store manager in a less heavily trafficked store, or returning to his former position as
a sales associate. Lankford instead chose to resign. He subsequently filed this suit in state court,
which RadioShack removed to federal court on the basis of diversity jurisdiction.
To establish a prima facie case of disability discrimination, Lankford must show (1) he was
“disabled”; (2) he was otherwise qualified to perform the essential functions of the job; (3) he
suffered an adverse employment action; and (4) a non-disabled person replaced him. Martin v.
Barnesville Exempted Village Sch. Dist. Bd. of Educ., 209 F.3d 931, 934 (6th Cir. 2000). As the
district court properly recognized, the disposition of Lankford’s claim turns on the second element,
namely, whether he was otherwise qualified to perform the essential functions of the job.
We agree with the district court that Lankford’s claim fails and that summary judgment for
RadioShack is proper. The district court correctly concluded that merchandising was an essential
function of Lankford’s store-manager job and that Lankford has not presented sufficient evidence

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No. 06-5814
Lankford v. RadioShack Corp.
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to show that he could fulfill his merchandising duties with or without a reasonable accommodation.
Because the district court thoroughly considered the facts and the law, and issued a well-reasoned
opinion in support of its judgment, a separate written opinion from this Court would serve no useful
purpose. Accordingly, the judgment of the district court is AFFIRMED for the reasons set forth by
the able district judge.

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