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Medley v. Valentine Radford Communications7/19/2005
and the non-movant is given the benefit of all reasonable inferences from the record. Id.
The moving party's entitlement to judgment as a matter of law revolves to a great extent around whether that party is the claimant or the defending party. Id. at 381. The claimant is the party "seeking to recover," and the defending party is the party "against whom a claim...is asserted." Rule 74.04(a) & (b). Valentine Radford is the defending party. As the defending party, Valentine Radford is not required to controvert each element of Ms. Medley's claim to establish its right to summary judgment. ITT Commercial Fin. Corp., 854 S.W.2d at 381. Instead, Valentine Radford can establish its right to judgment by showing (1) facts that negate any one of Ms. Medley's elements; (2) that Ms. Medley, after an adequate period of discovery, has not been able to produce, and will not be able to produce, evidence sufficient to allow the trier of fact to find the existence of any one of her elements; or (3) that there is no genuine dispute as to the existence of each of the facts necessary to support Valentine Radford's properly-pled affirmative defense. Id. Valentine Radford relied on the first method by negating Ms. Medley's claim that she fit within the MHRA.
To prevent summary judgment, Ms. Medley needed to show that there is a genuine dispute as to the facts underlying Valentine Radford's right to judgment. See id. If the parties disagree on the legal effect and consequences of the facts, and not the relevant facts themselves, there is not a genuine dispute of facts precluding summary judgment. Betts-Lucas v. Hartmann, 87 S.W.3d 310, 322 (Mo. App. W.D. 2002).
We will affirm a grant of summary judgment if the decision is correct "under any theory supported by the record developed below and presented on appeal." Victory Hills Ltd. P'ship. I v. NationsBank, N.A., 28 S.W.3d 322, 327 (Mo. App. W.D. 2000). "If the trial court's judgment does not specify the basis upon which summary judgment was granted, we will uphold the decision if it was appropriate under any theory." Horneyer v. City of Springfield, 98 S.W.3d 637, 639 (Mo. App. S.D. 2003).
III. LEGAL ANALYSIS
This case deals solely with the MHRA; Ms. Medley did not bring a claim under the ADA. But in deciding a case under the MHRA, we are guided by both Missouri law and any applicable federal employment discrimination decisions. Mason v. Wal-Mart Stores, Inc., 91 S.W.3d 738, 741 (Mo. App. W.D. 2002); Pollock v. Wetterau Food Distribution Group, 11 S.W.3d 754, 762 (Mo. App. E.D. 1999).
A. Discrimination and Refusal to Accommodate
Under the MHRA, it is unlawful for an employer to discriminate against or discharge any employee because of a disability. Section 213.055. A disability is a physical or mental impairment which substantially limits one or more of a person's major life activities, being regarded as having such an impairment, or a record of having such an impairment, which with or without reasonable accommodation does not interfere with performing the job....
Section 213.010(4). So in order to be disabled under the MHRA, a person must have an impairment that limits a major life activity and with or without reasonable accommodation that impairment must not interfere with performing a job. Id. This is the main difference between the MHRA and the ADA, which prohibits discrimination against a qualified individual with a disability. 42 U.S.C. Section12112(a) (1995). The MHRA makes the question of whether the job can be performed with or without reasonable accommodation a part of the test to determine whether an employee is disabled; not making reasonable accommodations is a type o
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