Guzman v. Federal Express Corp

00-11072Court of Appeals for the Fifth Circuit5 mar 2001

Testo completo

*Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR. R.
47.5.4.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-11072
Summary Calendar
JOSE ANTONIO GUZMAN,
Plaintiff-Appellant,
versus
FEDERAL EXPRESS CORP.,
Defendant-Appellee.
Appeal from the United States District Court for
the Northern District of Texas
(USDC No. 3-99-CV-659-R)
_______________________________________________________
March 2, 2001
Before REAVLEY, DeMOSS and BENAVIDES, Circuit Judges.
PER CURIAM:*
Jose Antonio Guzman appeals from summary judgment against him on his claims
under the Americans with Disabilities Act. We agree with the district court. Guzman’s
discrimination claim must fail because he offers no evidence that he had a disability or

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was regarded as having a disability at the time he was fired. See Murphy v. United Parcel
Serv., Inc., 527 U.S. 516, 523-25 (1999). Rather, he was merely unable to drive and was
regarded as only being unable to drive. Guzman’s retaliation claim must also fail because
he cannot show a causal link between his suit and his termination. See Sherrod v.
American Airlines, Inc., 132 F.3d 1112, 1122 (5th Cir. 1998) (requiring but-for
causation).
AFFIRMED.

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