OLRS wins client's employment discrimination appeal; case returned to lower court
OLRS won an employment discrimination appeal when the 6th Circuit Court of Appeals overturned a decision of a district judge who had granted summary judgment dismissal of a complaint filed against the Salvation Army for its failure to hire a person because of his disability. The person, in response to a question during a job interview for a truck driving position, disclosed that he took psychotropic medications. The district court granted summary judgment, holding that he failed to establish the elements for a prima facie case.
OLRS, on behalf of the individual, argued that the district court erred by analyzing the client's present mental health as the reason for relief from disability discrimination; applied standards for employee/employer relationships rather than applicant/potential employer standards; and failed to recognize that the Salvation Army asked a prohibited pre-employment inquiry. The appeals court held that the dismissal was inappropriate because there were genuine issues of material fact as to whether the client qualified as disabled under the federal Rehabilitation Act of 1973, and whether the Salvation Army's failure to hire him was based solely on his purported disability.
The case, Doe v. The Salvation Army, will return to the district court for further proceedings. Read the full decision: Opinion for Doe v. The Salvation Army (PDF file)
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Article posted July 16, 2008
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