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Rick Todd v. City of Cincinnati

Citations: 436 F.3d 635; 17 Am. Disabilities Cas. (BNA) 865; 2006 U.S. App. LEXIS 2642; 12 Accom. Disabilities Dec. (CCH) 12; 2006 WL 249968Docket: 05-3343

Court: Court of Appeals for the Sixth Circuit; February 3, 2006; Federal Appellate Court

Narrative Opinion Summary

The case involves a former Cincinnati police officer who received a disability pension due to job-related injuries, and challenges the decision of the City of Cincinnati to not hire him as a firearms instructor. The primary legal issue is whether the District Court erred in granting summary judgment to the City, concluding that the hiring officials did not regard the plaintiff as disabled under the Americans with Disabilities Act (ADA). The officer's appeal contends that sufficient evidence exists showing that his disability was considered in the hiring decision. Evidence includes statements from hiring officials expressing doubts about his ability to perform job duties due to his disability. The case hinges on whether these perceptions influenced the decision not to hire him, conflicting with the City's assertion that disability was not the sole reason for their decision. The District Court's judgment was reversed, and the case was remanded for further proceedings, emphasizing the need to resolve material factual disputes about the perception of disability in employment decisions as clarified in Raytheon Co. v. Hernandez and other relevant case law.

Legal Issues Addressed

Direct Evidence in Disparate-Treatment Cases

Application: Direct evidence of discrimination can support claims without necessitating that the disability be the sole reason for the adverse decision.

Reasoning: Direct evidence of discrimination can support claims without necessitating that the disability be the sole reason for the adverse decision.

Procedures in 'Regarded-as-Disabled' Disparate-Treatment Cases

Application: The procedure requires the plaintiff to show they were regarded as disabled, are otherwise qualified, and the employer must prove undue hardship or essential job requirements.

Reasoning: In 'direct-evidence, disparate-treatment cases,' Judge Martin outlines a three-step procedure...

'Regarded as Disabled' Claims under the ADA

Application: The case examines whether the hiring officials perceived the plaintiff as disabled and if such perception influenced their hiring decision, which constitutes a claim under the ADA.

Reasoning: This evidence raises a material fact issue regarding whether Ventre and Jones perceived the plaintiff as disabled and used this perception to justify not hiring him.

Reversal of Summary Judgment

Application: The District Court's conclusion was reversed due to conflicting evidence about whether the plaintiff was regarded as disabled.

Reasoning: As a result, the District Court's judgment is reversed, and the case is remanded for further proceedings.

Standard of Review for Summary Judgment

Application: The court applies a de novo review to determine if there is any material factual dispute regarding the defendant's perception of the plaintiff's disability.

Reasoning: The court's review of this issue is de novo, revealing a material factual dispute regarding the city's perception of Todd's disability.