Ohio's Protection & Advocacy System for People with Disabilities

Ohio Appeal Allows Employment Discrimination Claim to Proceed

OLRS represents an individual who was not hired because of his disability in Doe v. The Salvation Army. After a district court judge dismissed the case, holding that there were no genuine issues of material fact, OLRS successfully appealed the case to the U.S. Court of Appeals for the Sixth Circuit. OLRS argued, on behalf of Doe, to the appeals court that the district court erred by analyzing Doe's present mental health, rather than his record of mental illness, in deciding whether he had a claim under the Rehabilitation Act of 1973. OLRS also argued that the district court applied the wrong standards in deciding whether the Salvation Army discriminated against Doe.

During Doe's job interview with the Salvation Army, the interviewer asked about medications he was taking. Doe answered he was taking psychotropic medications. The interviewer ended the interview shortly after, and the Salvation Army did not hire him.

The court of appeals overturned the decision, holding that the lower court dismissed the case inappropriately.

The appeals court's decision, which sends the case back to district court for trial, is an important victory because it opens a door to the judicial system for Doe and is a step toward supporting people with disabilities to work in the community.

OLRS will continue advocating for Ohioans with disabilities to have access to the courts, and full inclusion in community life.

Read morehttp://www.olrs.ohio.gov/