Attorneys Marc Fishel and Paul Bernhart had a Court of Appeals affirm a decision awarding summary judgment to the City of Sandusky in an employment discrimination case brought by a former City firefighter. The firefighter was diagnosed with a neurological disorder in 2004 and disclosed the diagnosis to his supervisors. By 2008, the Assistant Fire Chief began to observe changes in the firefighter’s gait and increased hand tremors. The City had the firefighter examined by a neurologist who reported the firefighter could continue to work without restriction. However, the neurologist noted that the neurological condition was progressive and that his abilities may fluctuate. At the firefighter’s next annual physical the examining physician raised concerns about his ability to perform certain firefighter duties and recommended further neurological testing at the Cleveland Clinic. The firefighter was examined at the Cleveland Clinic and again cleared to work, with no restriction. However, in 2010 the firefighter did not pass his annual physical and the Cleveland Clinic confirmed that his condition had worsened. The firefighter retired and brought a lawsuit against the City, alleging “regarded as” disability discrimination. According to Plaintiff, the City mistakenly regarded him as disabled, and subjected him to unreasonable physical examinations. The case was dismissed on summary judgment and the Court of Appeals affirmed. The Court found that the City followed the recommendation of the examining physicians at all times. As a result, the City did not discriminate against the firefighter. The Court further found that because of the progressive nature of the neurological disorder, it was entirely reasonable to find changes in the firefighter’s abilities within a span of six months to a year. This also supported a close monitoring of the firefighter’s functioning, including physical examinations. If you have any questions pertaining to this case, please contact Paul Bernhart at pbernhart@fishelhass.com.