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E.E.O.C. v. BEVERAGE DISTRIBUTORS CO., LLC

No. 14-1012.

780 F.3d 1018 (2015)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellee, v. BEVERAGE DISTRIBUTORS COMPANY, LLC, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 16, 2015.

Attorney(s) appearing for the Case

Scott Forman , Littler Mendelson, P.C., Miami, FL ( Joshua B. Kirkpatrick and Jennifer S. Harpole , Littler Mendelson, P.C., Denver, CO, with him on the brief), for Appellant.

James Tucker , Equal Employment Opportunity Commission, Washington, D.C. ( P. David Lopez , General Counsel, Carolyn L. Wheeler , Acting Associate General Counsel, and Jennifer S. Goldstein , Acting Assistant General Counsel, Equal Employment Opportunity Commission, Washington, D.C., with him on the brief), for Appellee.

Before TYMKOVICH, HOLMES, and BACHARACH, Circuit Judges.

This case involves a claim of employment discrimination. Mr. Michael Sungaila, who is legally blind, worked for Beverage Distributors Company. When his position was eliminated, Mr. Sungaila obtained a higher-paying job in the company's warehouse. But, Mr. Sungaila's employment was conditioned on passing a physical examination...

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