Disability Discrimination Cases

R.C. 4112.02 summary judgment material transitory minor disabled regarded as disabled record of disability impairments major life activities prima facia case disability discrimination pretext workers' compensation. Summary judgment was proper because appellant failed to demonstrate a prima facia case of disability discrimination. Prior to her workplace injury, appellant could not establish that she was a disabled individual under R.C. 4112.02. Appellant failed to offer evidence that she could safely and substantially perform the job's essential functions after the workplace injury, with or without accommodations.

The plaintiff, whose prior employment as a police officer with the defendant city of Hartford had been terminated, sought to recover damages from the city for, inter alia, its failure to rehire him as a police officer because of his disability, narcolepsy. The city had posted a job listing seeking applications from nonresidents of Hartford for a police officer position. Applicants were required to apply online and to include with their appli- cations a ''CHIP'' card signifying that they had successfully completed certain physical ability tests required of police officer candidates. The plaintiff, who was not a resident of Hartford, was among fifty-two appli- cants who did not submit a CHIP card with their applications and, thus, was determined by the city to be unqualified for the police officer position. In a two count complaint alleging violations of a provision (§ 46a-60) of the Connecticut Fair Employment Practices Act (§ 46a-51 et seq.), the plaintiff claimed that the city had discriminated against him on the basis of his disability and retaliated against him for having previously brought a lawsuit against the city in connection with the termination of his prior employment as a police officer. The city, which was aware at the time the plaintiff applied for the police officer position that he had been diagnosed with narcolepsy, moved for summary judg- ment, asserting that no genuine issue of material fact existed as to both counts of the plaintiff's complaint and that it was therefore entitled to judgment as a matter of law. The court granted the city's motion, conclud- ing that there was no genuine issue of material fact that the plaintiff had failed to establish a prima facie case of either disability discrimination or retaliation and that, even if he had established a prima facie case as to those claims, summary judgment was warranted on both counts because the city had articulated a legitimate, nondiscriminatory and nonretaliatory reason for its decision not

Civilly committed appellant claims that the district court erred by denying his motion for default judgment and dismissing his claims against respondents after determining that he failed to plead facts sufficient to prove that (1) he has a disability under either the Americans with Disabilities Act (ADA) or the Minnesota Human Rights Act (MHRA) (2) he has a valid breach-of-contract claim and (3) respondents violated the Minnesota Comprehensive Adult Mental Health Act (the mental-health act). We affirm.