Ward v. Wesley Medical Center

── Ward v. Wesley Medical Center ── Court: Court of Appeals for the Tenth Circuit Date: April 27, 2026 Category: General Appellate Case: 25-3107 Document: 26-1 Date Filed: 04/27/2026 Page: 1 FILED United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS April 27, 2026 FOR THE TENTH CIRCUIT _________________________________ Christopher M. Wolpert Clerk of Court WILLIAM OSCAR WARD, Plaintiff - Appellant, v. No. 25-3107 (D.C. No. 6:23-CV-01091-HLT) WESLEY MEDICAL CENTER, LLC; (D. Kan.) HCA HEALTH CARE, INC., Defendants - Appellees. _________________________________ ORDER AND JUDGMENT * _________________________________ Before PHILLIPS, EID, and FEDERICO, Circuit Judges. _________________________________ William Oscar Ward appeals the district court’s entry of summary judgment in favor of his former employer, Wesley Medical Center, LLC, and its holding company, HCA Health Care, Inc. (collectively, “Wesley”), on his After examining the briefs and appellate record, this panel has * determined unanimously that oral argument would not materially assist in the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument. This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Federal Rule of Appellate Procedure 32.1 and Tenth Circuit Rule 32.1.  Appellate Case: 25-3107 Document: 26-1 Date Filed: 04/27/2026 Page: 2 pro se action claiming discrimination and retaliation under the Americans with Disabilities Act, 42 U.S.C. §§ 12111-12117 (ADA), and the Family Medical Leave Act, 29 U.S.C. § 2615(a) (FMLA). Exercising jurisdiction under 28 U.S.C. § 1291, we affirm. I This case stems from a workplace dispute over who invented a cleaning tool for sprinkler heads at Wesley. Ward says he invented the tool, and in March 2021, he made several complaints that two other employees— Darryl Boger, a Refrigeration Tech at Wesley, and Brian Leabo, Wesley’s Director of Facilities Management—were taking credit for his invention. Shortly thereafter, on April 15, 2021, Ward sought treatment for anxiety. Ward sought to take leave from work, and because Wesley does not directly handle leave requests, he contacted Wesley’s third-party leave administrator, “Time Away From Work” (TAFW), which is a separate entity. R. at 188, ¶14. TAFW communicates directly with the employee and only shares with Wesley “information regarding an employee’s request for leave, whether that request is approved or denied, and, if approved, for how long, and when the employee is released to return to work.” Id. Ward requested leave beginning April 12 through April 20, 2021. He was granted leave until April 20, which was extended until May 2. He was cleared to return to work on May 3, but he did not return to work on May 3. 2  Appellate Case: 25-3107 Document: 26-1 Date Filed: 04/27/2026 Page: 3 On May 5, 2021, Vice President of Human Resources, Lisa Clark, emailed Ward requesting a meeting. He did not respond, so on May 7 she emailed him again to