An employee's claim, found unbelievable by the court, dooms his disability discrimination and Family Medical Leave Act claims. In Wilders v. Talbot County, the employee claimed that, as a golf cart mechanic for 26 years, he never once had to bend his knees. The Maryland federal court, on May 31, 2012, found this claim "unconvincing" and ruled that the employee could not rely on only his testimony to get his case to the jury, stating:
Mr. Wilder's arguments about other alleged essential functions, kneeling and climbing ladders, are similarly unconvincing. For example, Mr. Wilder testified that in his twenty-six years as a golf cart mechanic, he never once had to kneel on the floor to change a tire, instead changing tires while bending over or lying down on a piece of cardboard. (Wilder Dep. 51–52.) Like the County, the court cannot imagine “how one might reasonably get to a prone position without kneeling down.” (Mot. for Summ. J. 15.)
The lesson is that if you are going to assert a claim make sure you have a believable claim and strive hard to get some independent evidence to support your claim.
