Carter v. ISP Technologies Inc ( 2002 )


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  •                  UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    No. 02-40311
    Summary Calendar
    HARTENSE M. CARTER,
    Plaintiff-Appellee,
    versus
    ISP TECHNOLOGIES, INC.,
    Defendant-Appellant.
    _________________________________________________________________
    Appeal from the United States District Court
    for the Northern District of Texas
    (G-01-CV-68)
    _________________________________________________________________
    August 19, 2002
    Before BARKSDALE, DeMOSS, and BENAVIDES, Circuit Judges.
    PER CURIAM:*
    For her race discrimination claim, Hartense Carter appeals an
    adverse summary judgment for failure to establish a necessary
    element of her prima facie case — that, when she was terminated,
    she was qualified for the position. See McDonnell Douglas Corp. v.
    Green, 
    411 U.S. 792
    , 802 (1973); Sreeram v. Louisiana State Univ.
    Med. Ctr. - Shreveport, 
    188 F.3d 314
    , 318 (5th Cir. 1999).
    Carter was hired by ISP Technologies, Inc., in 1991; fell
    while at work in 1997, injuring her knee; and began a leave of
    absence in May 1998 to have knee surgery.    Because of continuing
    *
    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    this opinion should not be published and is not precedent except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.
    pain, she had three surgeries, the last just prior to 25 November
    1998.
    Carter attempted to return to work in March 1999 but was
    unable to perform her duties.   On 22 June 1999, ISP informed Carter
    that company policy required her termination because she was
    disabled more than 26 weeks.
    It is undisputed that Carter was not physically qualified for
    her position on both the date she was eligible for termination
    (after receiving 26 weeks of disability benefits) and the date she
    was terminated.   Because Carter was not physically qualified for
    her position when she was terminated, her prima facie case of
    discrimination fails.   See Davis v. Chevron U.S.A., Inc., 
    14 F.3d 1082
    , 1087 (5th Cir. 1994).
    AFFIRMED
    

Document Info

Docket Number: 02-40311

Filed Date: 8/23/2002

Precedential Status: Non-Precedential

Modified Date: 12/21/2014