UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 96-20589
Summary Calendar
ANDRE J. HOWARD,
Plaintiff-Appellant,
VERSUS
THE UNIVERSITY OF TEXAS HEALTH SCIENCE CENTER,
Defendant-Appellee.
Appeal from the United States District Court
For the Southern District of Texas
(95-CV-4719)
November 6, 1996
Before JONES, DeMOSS, and PARKER, Circuit Judges.
PER CURIAM:*
Andre J. Howard (“Howard”) filed this case pro se on October
4, 1995, in the United States District Court for the Southern
District of Texas alleging violations of Title I of the Americans
with Disabilities Act, 42 U.S.C. § 12111, et seq., and Title VII of
*
Pursuant to Local Rule 47.5, the Court has determined that this
opinion should not be published and is not precedent except under
the limited circumstances set forth in Local Rule 47.5.4.
the Civil Rights Act of 1964, 42 U.S.C. § 2000(e), et seq., against
his employer, The University of Texas Health Science Center at
Houston (“UTHSC”). Howard worked at UTHSC as a hospital aide from
February 19, 1990 until May 10, 1992, when he sustained an on-the-
job injury. He received workers’ compensation benefits for two
years thereafter. In July 1994, Howard’s physician released him to
return to work with restrictions that he sit for at least six hours
a day, not do prolonged standing, squatting or kneeling, and not
lift more than 20 pounds. Howard’s physician also indicated that
because of these restrictions he would not be able to perform a
number of the major tasks and responsibilities of his former
position.
Based on the physician’s letter and information, UTHSC made a
determination that Howard could not perform the essential functions
of his former position as Hospital Aid III. Howard applied to
transfer to a computer operator/data entry position but withdrew
the application when he learned the position was temporary. Howard
later expressed interest in a position as a driver, but could not
perform the essential functions of lifting up to 100 pounds and
standing for more than six hours a day. Howard also applied for a
social worker position, but he lacked the qualifications for the
job. In August 1994, Howard telephoned his immediate supervisor
and asked to be terminated so that he could apply for unemployment
compensation since his workers’ compensation benefits had run out.
In April 1996, UTHSC filed a motion for summary judgment and in
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June 1996 the district court granted the motion.
We have carefully reviewed the briefs, the record excerpts and
relevant portions of the record itself and conclude that the
district court correctly granted summary judgment in this case.
AFFIRMED.
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