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Holtzclaw v. DSC Communications Corp.

Qualification for the job is an element of a prima facie claim of ADEA retaliation.

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Appeal from the United States District Court for the Eastern District of Texas

Steven Holtzclaw appeals a summary judgment in his suit against DSC Communications Corporation (“DSC”) asserting claims under the Americans with Disabilities Act (“ADA”), 42 U.S.C. � 12112(a), the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. � 1140, and the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. � 623(d). Because Holtzclaw is not physically able to do the job that he sought, either with or without accommodation, he fails to establish a prima facie case for any of his claims; accordingly, we affirm.

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