Jeff Lester and Jim Harkins recently succeeded in defending against an appeal of a trial court’s grant of summary judgment regarding disability discrimination before the Eastern District Court of Appeals for Missouri. (Michael Feldman v. Patrish LLC, et al.)
In that appeal, the plaintiff argued that his disability was a contributing factor to his termination from employment in violation of the Missouri Human Rights Act (MHRA). In response, Jeff and Jim argued that, despite certain bouts of depression, the plaintiff had failed to show he had any disability and, even if he had done so, he was not able to perform the essential functions of his job by regularly attending work.
The Court of Appeals agreed and affirmed the trial court’s grant of summary judgment in favor of the plaintiff’s prior employer.