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Medley v. Valentine Radford Communications7/19/2005
f discrimination under the ADA. Devor v. Blue Cross & Blue Shield of Kansas City, 943 S.W.2d 662, 666 (Mo. App. W.D. 1997); 42 U.S.C. Section 12112(b)(5)(A) (1995). Nonetheless, the definitions are similar enough that federal cases are instructive whenever Missouri cases do not answer a question. See e.g., Cravens v. Blue Cross & Blue Shield of Kansas City, 214 F.3d 1011, 1016 (8th Cir. 2000) (when determining whether an individual can establish a prima facie case of discrimination under the ADA, one part of the inquiry includes determining whether the individual can perform the essential job functions, with or without reasonable accommodation).
"A reasonable accommodation is an accommodation that does not impose undue financial and administrative burdens on the employer or require fundamental alterations in the nature of the program." Devor, 943 S.W.2d at666 (internal quotation marks and citation omitted). An employer must make reasonable accommodations to the known limitations of a handicapped employee or applicant, including making the facilities accessible and usable and job restructuring or part-time or modified work schedules. 8 C.S.R. 60-3.060(1)(G)(1) and (2).
Ms. Medley's complaint is that Valentine Radford did not even try to make a reasonable accommodation for her disability. Valentine Radford claims that Ms. Medley is not a disabled person under the MHRA, so we should not even consider reasonable accommodations. The first problem is that the parties claim that different prima facie elements apply to this case. Ms. Medley claims that her prima facie case is proof that: (1) plaintiff is a person with a disability within the meaning of the statute; (2) the employer had notice of the disability; (3) with reasonable accommodation plaintiff could perform the essential functions of the job; and (4) the employer refused to make such accommodations. See Rodal v. Anesthesia Group of Onondaga, P.C., 369 F.3d 113, 118 (2d Cir. 2004) (prima facie case when a disabled plaintiff shows, among other matters, that he or she can perform a particular job with a reasonable accommodation). But Valentine Radford claims that the prima facie case requires proof that: (1) plaintiff had a disability; (2) plaintiff was qualified to perform the essential functions of her job with or without reasonable accommodations; and (3) defendant discriminated against plaintiff because of her disability. See Darby v. Bratch, 287 F.3d 673, 682 (8th Cir. 2002) (elements of prima facie ADA discrimination case).
But neither is using the Missouri prima facie case standard. In Missouri, the prima facie case under the MHRA requires the plaintiff to show that: (1) she is handicapped; (2) she was discharged; and (3) there is evidence from which to infer that the handicap was a factor in her discharge. Devor, 943 S.W.2d at 665. There is also a three-step burden shifting analysis that must be followed for the plaintiff to win in a discrimination case. See City of Clayton v. Mo. Comm'n on Human Rights, 821 S.W.2d 521, 527-28 (Mo. App. E.D. 1991). The plaintiff must establish her prima facie case first. So she must show that she is handicapped, which, under the statute, requires showing that she has an impairment but that with or without reasonable accommodation that impairment does not interfere with her job, and show the other two elements of her prima facie case. See Devor, 943 S.W.2d at 666. Once this burden is met, the burden shifts to the employer to articulate some legitimate, non-discriminatory reason for its conduct. Snyder v. ICI Explosives USA, Inc., 938 S.W.2d 946, 949 (Mo. App. S.D. 1997). If the employer does this, the burden then shifts back to the employee/plaintiff to show that the reason is pretextual.
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