FRL 302 – Professor Young
This appellate case is about a man, Michael Kleiber who suffered a debilitating head injury that ultimately lead to his job termination as a factory worker for Honda. Honda claimed that they were unable to accommodate Kleiber’s disability on the basis that Kleiber was not able to perform the job tasks for any alternate job positions. Honda terminated Kleiber; thus, Kleiber filed suit in a federal District Court of Ohio claiming violations of the Americans with Disabilities Act (ADA) on the basis that Honda failed to accommodate Kleiber’s disabilities. The District Court case ended with a summary judgment in favor of Honda. Kleiber then filed for appeal in the United States Court of Appeals for the Sixth Circuit. See Appendix ‘A’ for a detailed timeline of relevant events.
Michael Kleiber worked for ten years as a full-time Production Associate in the Assembly Department for Honda’s Marysville, Ohio plant. On November 21, 1999, Kleiber fell from a fence while working at his parents’ home. Kleiber suffered a head injury as a result of the fall. The injury was not within the scope of his work at Honda. Kleiber remained hospitalized for two months with serious head injuries. While at the hospital, Kleiber was under the care of Dr. Jerry Mysiw, Director of the Ohio State University’s Head Injury Diagnostic Clinic whom he saw every three to four months after being released from the hospital.
In March of 2000, Kleiber failed a driving exam. Also in late March, Kleiber met with a counselor from the Ohio Bureau of Vocational Rehab (“BVR”). The BVR determined that Kleiber was eligible for its services in April of 2000 and assigned a BVR representative, Rodney Brandel, for Kleiber to facilitate Kleiber’s return to his job position at Honda. Kleiber participated in physical... [continues]
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