UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-1319
PHILLIP SMITH,
Plaintiff - Appellant,
v.
UNION COUNTY BOARD OF EDUCATION,
Defendant – Appellee,
and
NORTH CAROLINA DEPARTMENT OF PUBLIC INSTRUCTION,
Defendant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Robert J. Conrad,
Jr., District Judge. (3:13-cv-00707-RJC-DCK)
Submitted: March 30, 2016 Decided: April 14, 2016
Before AGEE, WYNN, and HARRIS, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Kirk J. Angel, THE ANGEL LAW FIRM, PLLC, Concord, North
Carolina, for Appellant. Katherine T. Armstrong, William C.
Robinson, ROBINSON, ELLIOTT & SMITH, Charlotte, North Carolina,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Phillip Smith appeals the district court’s order granting
summary judgment to Smith’s former employer in this Americans
with Disabilities Act (“ADA”) action. Smith raises two issues
on appeal: (1) whether the district court improperly credited
the employer’s evidence and failed to properly evaluate evidence
offered by Smith regarding pre-offer medical inquiry under the
ADA; and (2) whether the district court failed to view key
evidence in the light most favorable to Smith in granting
summary judgment. We have reviewed the record and find no
reversible error. Accordingly, we affirm for the reasons stated
by the district court. Smith v. Union Cty. Bd. of Educ., No.
3:13-cv-00707-RJC-DCK (W.D.N.C. March 5, 2015) (stating reasons
on the record at the hearing on March 4, 2015); see Myers v.
Hose, 50 F.3d 278, 282 (4th Cir. 1995) (finding that a
litigant’s medical conditions precluded him from being a bus
driver in his ADA discrimination action). We dispense with oral
argument because the facts and legal contentions are adequately
presented in the materials before this court and argument would
not aid the decisional process.
AFFIRMED
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