Wesley Harris, Jr. v. John E. Potter ( 2005 )


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  •                                                                 [DO NOT PUBLISH]
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE ELEVENTH CIRCUIT                    FILED
    ________________________
    U.S. COURT OF APPEALS
    ELEVENTH CIRCUIT
    No. 05-10179                    October 25, 2005
    ________________________           THOMAS K. KAHN
    CLERK
    D. C. Docket No. 03-00640 CV-AR-S
    WESLEY HARRIS, JR.,
    Plaintiff-Appellant,
    versus
    JOHN E. POTTER
    Postmaster General,
    Defendant-Appellee.
    ________________________
    Appeal from the United States District Court for the
    Northern District of Alabama
    _________________________
    (October 25, 2005)
    Before ANDERSON, BLACK and CARNES, Circuit Judges.
    PER CURIAM:
    After oral argument and careful consideration, we affirm. We affirm the
    judgment of the district court with respect to plaintiff’s disability claim, because
    plaintiff failed to prove that he could perform the essential functions of the job, or
    that his health problems could be reasonably accommodated. See Jackson v.
    Veterans Administration, 
    22 F.3d 277
     (11th Cir. 1994). We also affirm with respect
    to plaintiff’s age claim; there is little or no evidence of age discrimination and
    plaintiff’s alleged comparator is not similarly situated. Finally, we affirm the
    judgment of the district court with respect to plaintiff’s retaliation claim; plaintiff
    has failed to prove either causation or pretext to overcome the defendant’s
    legitimate business reason.
    AFFIRMED.
    2
    

Document Info

Docket Number: 05-10179

Filed Date: 10/25/2005

Precedential Status: Non-Precedential

Modified Date: 12/21/2014