Alfred Perkins and Breanna Young recently argued a case before the 11th Circuit Court of Appeals, which resulted in the Court affirming the prior judgment in favor of our client. The plaintiff, a former heavy equipment operator in the street department of a city, alleged that the city violated the Rehabilitation Act by failing to accommodate his disability of severe back pain. The plaintiff also alleged that the city constructively discharged him by forcing him to seek disability retirement. The plaintiff also asserted that the city violated the Fair Labor Standards Act because the City allowed him to do administrative work instead of operating heavy equipment, yet continued to pay him at the heavy equipment operator’s salary. The Northern District of Alabama dismissed the FLSA claim along with other state law claims. After discovery, the district court granted summary judgment in favor of the city on the Rehabilitation Act claims. Plaintiff appealed to the 11th Circuit, which granted oral argument in the case. The 11th Circuit affirmed the dismissal of the FLSA claim, agreeing with the district court that the plaintiff failed to state a claim under the FLSA. The 11th Circuit also affirmed the summary judgment in favor of the city, agreeing that the plaintiff failed to show that the city had not provided the plaintiff a reasonable accommodation and that plaintiff failed to show that his new supervisor constructively discharged him, when plaintiff applied for disability retirement prior to the new supervisor being hired.