## Facts

- Roderick Billups worked for Emerald Coast Utilities Authority as a Utility Service Technician II, a physically demanding job requiring heavy lifting and use of heavy tools.
- On December 18, 2013, Billups injured his right shoulder while attempting to open an old air-release valve.
- Medical restrictions limited lifting, pushing, and pulling with his right arm, preventing him from performing the position’s essential physical functions.
- Billups began FMLA leave on December 19, 2013; his 12 weeks of FMLA leave expired on March 12, 2014.
- Shoulder surgery was delayed and ultimately performed on April 16, 2014.
- Emerald Coast’s policy permitted up to 26 weeks of leave; by June 2014 Billups still had not returned to work and had not been cleared to resume full duty.
- On June 13, 2014, Emerald Coast warned that the 26-week leave period was expiring and termination was likely if Billups could not return to full duty.
- A predetermination hearing occurred on June 17, 2014; afterward, Billups submitted a physical therapist’s note stating his strength was improving and he likely could work without restrictions after completing therapy, but physician clearance was required.
- On June 23, 2014, Emerald Coast terminated Billups for inability to perform essential job functions with or without reasonable accommodation.
- Billups sued alleging (1) ADA failure to accommodate and (2) retaliation for seeking Florida workers’ compensation benefits; the district court granted summary judgment for Emerald Coast.

## Issues

1. Whether terminating Billups after 26 weeks of leave violated the ADA by failing to provide a reasonable accommodation, such as additional leave, when he still could not perform essential job functions.
2. Whether Billups presented sufficient evidence that his termination was retaliation for seeking workers’ compensation benefits under Fla. Stat. § 440.205.

## Decision

- The Eleventh Circuit affirmed summary judgment for Emerald Coast on both claims.
- On the ADA claim, the court held Billups was not a qualified individual at the time of termination because he could not perform essential functions, and the additional leave requested was not a reasonable accommodation where the return date was uncertain and not supported by physician clearance.
- On the workers’ compensation retaliation claim, the court held Emerald Coast provided a legitimate, non-retaliatory reason for termination (prolonged inability to work after extended leave), and Billups failed to show pretext.

## Legal Principles

- An ADA plaintiff must show he is a qualified individual who can perform the job’s essential functions with or without reasonable accommodation.
- The ADA may require finite medical leave in some circumstances, but it does not require indefinite or open-ended leave, especially where the employee cannot provide a reasonably definite return-to-work timeframe supported by medical clearance.
- An alleged failure in the interactive process does not establish ADA liability absent evidence that a reasonable accommodation existed that would have enabled performance of essential functions.
- Under Fla. Stat. § 440.205, a workers’ compensation retaliation claim requires evidence that the adverse action was because the employee sought benefits; once the employer offers a legitimate reason, the employee must produce evidence of pretext to avoid summary judgment.

## Conclusion

The court upheld termination where the employee remained unable to perform a physically demanding job after substantial leave and could not show a definite, medically supported return date, and it rejected the retaliation claim because the employer’s policy-based, ability-to-work rationale was not shown to be a pretext for workers’ compensation animus.


Billups v. Emerald Coast Util. Auth., 714 F. App’x 929 (11th Cir. 2017)