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Flynn v. Raytheon Company, 1st Cir. (1996)
Flynn v. Raytheon Company, 1st Cir. (1996)
____________________
No. 96-1019
SHAWN M. FLYNN,
Plaintiff, Appellant,
v.
RAYTHEON COMPANY,
Defendant, Appellee.
____________________
____________________
Before
____________________
___________________
______________
____________
____________________
Per
Curiam.
Plaintiff
Shawn
Flynn
appeals from
Per Curiam
___________
for alcoholism.
Following careful
record,
Over
employment
approximately
record
absenteeism and
and
renewed
requirements.
while
work
marred
nine
years,
repeatedly
Flynn
by
opportunities
Raytheon
to
meet
an
alcohol-related
numerous sanctions
Raytheon's
compiled
minimum
job
reporting to work
rules.
After
completing
the
fourth
presented Raytheon
physician,
inpatient
with a
proposed to
present action.
The
submit
requested reinstatement.
treatment
to random
program,
Flynn
his supervising
alcohol testing,
and
granted summary
Flynn does
by
firing him,
nor could
he
do so
successfully.
. . who
is an alcoholic to the
employment or
See id.
___ ___
holds other
related to
alcoholism of
the .
. .
such employee
. .
. .").
chance,
______
by rehiring
him
on the
terms
he proposed,
including
Flynn
agreed
to
seems to
rehire
rehabilitation.
He
him
contend
that
subject
to
relies on
Raytheon
evidence
a statement
conditionally
of
successful
made by
a Raytheon
representative during
place following
his
the union
firing and
his
completion of
the
took
fourth
told "it
. . .
the
had]
proved
added).
He
to Flynn, he
[him]self
then
____
maintains
that these
trialworthy issue as to
things
could
_____
At
"once [he
happen."
(emphasis
representations generated
him
not
of material fact.
did
First, the
"once
[Flynn
had]
constituted
when
proved
[him]self
then things
____
could
_____
happen."
described by
[he would]
just .
. . go
drunk again."
Although
Even
assuming
contention confuses
request to
claim.
promise to consider
________
the
urged by
Flynn's
a future
______
at present.
_______
former
a conditional
Raytheon
employee
disability-related
who
not require an
was
lawfully
failures
to
12114(c); see
___
also Siefken v.
____ _______
employer to rehire
discharged
meet
its
and sobriety.
for
repeated
legitimate
job
See 42 U.S.C.
___
accommodation,
marks
monitor
that
as envisioned
his diabetes
he would
do
Siefken, since
_______
in the ADA.")
claim by
so).
As the
the discharged
(internal quotation
employee who
despite employer's
an
failed to
legitimate expectation
Seventh
Circuit explained
asking for
in
any
"accommodation" within
"another
allow
his
chance
technique[,]"
to
change
monitoring
Id. at 666-67.
___
Finally, Flynn
ADA entitles
legitimate
to
another chance.
the
him
___
work
him to
cites no
a "second
requirements, see
chance" to
id.,
nor
claim that
meet Raytheon's
for claiming,
if
___
___
gave rise to
an actionable ADA-based
claim, cf.
__
Myers
_____
v. Hose,
____
("qualified individual
does
50
F.3d 278,
283
(4th Cir.
1995)
under ADA
to do so).
F.3d 540,
544
(1st Cir.
77
judgment, McCabe v.
______
May 29,