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Plaintiff George Coleman (“Coleman”) brought this action - page 4 / 6

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Albertson’s allegedly unlawful practice by its letter of December

11,

2001.

Coleman

did

not

file

an

EEOC

charge

until

March

27,

2003.

He

failed

to

file

an

EEOC

charge

within

300

days,

so

his

claim is barred by the statute of limitations.

Coleman’s claim of discrimination under Title VII fails for

an

additional

reason.

Title

VII

only

prohibits

discrimination

because of race, color, religion, sex, or national origin;

disability

is

not

a

protected

class.

See

42

U.S.C.

§

2000e-2.

Coleman, relying on Walton v. Mental Health Ass'n. of

Southeastern Pennsylvania, 168 F.3d 661 (3d Cir. 1999), argues

that our Court of Appeals has considered claims of disability

discrimination

under

Title

VII.

Coleman

misunderstands

Walton,

involving

a

claim

under

the

ADA.

Walton

merely

recognized

that

the Supreme Court has adopted the same enforcement mechanisms for

the

ADA

as

for

Title

VII

and

the

ADEA.

Id.

at

666.

Coleman’s claim of failure to accommodate under the ADA also

fails

for

an

additional

reason.

The

Court

of

Appeals

has

held

that the inability to lift more than ten pounds does not

constitute a “substantial limitation” a major life activity, as

required

to

establish

a

claim

under

the

ADA.

Marinelli

v.

City

of

Erie,

Pa.,

216

F.3d

354,

364

(3d

Cir.

2000).

Coleman’s

own

physician only restricted him from regularly lifting more than 50

this circuit give no authority to non-precedential opinions. Third Circuit Internal Operating Procedure 5.7 (July 2002).

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