Argued and Submitted, Portland, Oregon July 8, 2015
Appeal from the United States District Court for the District of Oregon. D.C. No. 3:12-cv-00145-KI. Garr M. King, Senior District Judge, Presiding.
Affirming the district court's summary judgment on a claim of employment discrimination in violation of Oregon disability law, and agreeing with other circuits, the panel held that because the plaintiff had threatened to kill certain co-workers, he was not a " qualified individual" under the Oregon statute.
Mary Ellen Page Farr (argued), Portland, Oregon; David D. Park, Elliott & Park, P.C., Portland, Oregon, for Plaintiff-Appellant.
Brenda K. Baumgart (argued) and Karen L. O'Connor, Stoel Rives LLP, Portland, Oregon, for Defendant-Appellee.
Before: N. Randy Smith and John B. Owens, Circuit Judges, and William Q. Hayes,[*]
OWENS, Circuit Judge
Timothy Mayo appeals from the district court's grant of summary judgment in favor of his former employer, PCC Structurals, Inc., on his claim of discrimination in violation of Oregon disability law. The district court concluded that because Mayo had threatened to kill certain co-workers, he was not a " qualified individual" under the Oregon statute. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Mayo's career at PCC Structurals (a leader in superalloy, aluminum and titanium casting) began in 1987. Although he was diagnosed in 1999 with major depressive disorder, medication and treatment enabled him to work without significant incident for many years. However, things changed in 2010. Mayo (who welded aircraft parts) and some co-workers began to have issues with a supervisor who they claimed was bullying them and making work life miserable. In January 2011, a co-worker complained on a company hotline, which led to a meeting among Mayo, the co-worker, and PCC's Human Resources Director for Oregon about the supervisor's behavior.
Shortly after the meeting, Mayo made threatening comments to at least three co-workers. He told one that he " fe[lt] like coming down [to PCC] with a shotgun an[d] blowing off" the heads of the supervisor and another manager. The co-worker need not worry, Mayo explained, because she would not be working the shift when the killing would occur. Mayo told another co-worker on several occasions that he planned to " com[e] down [to PCC] on day [shift] . . . to take out management." He told a third co-worker that he " want[ed] to bring a gun down [to PCC] and start shooting people." He explained that " all that [he] would have to do to shoot [the supervisor] is show up [at PCC] at 1:30 in the afternoon" because " that's when all the supervisors would have their walk-through."
Mayo's co-workers eventually reported these threats to management via written statements. PCC's Senior Human Resources Manager received these statements on February 15, 2011, and called Mayo that same day to discuss them. When asked if he planned to carry out his threats, Mayo said that " he couldn't guarantee he wouldn't do that." The Senior Manager immediately ...