On May 16, 2008, the United States Court of Appeals for the District of Columbia Circuit held that a deaf applicant did not sufficiently establish a disability claim under the Americans with Disabilities Act (ADA) based on the D.C. Public School System’s (DCPS’s) decision not to hire him for an information technology position. Adeyemi v. District of Columbia, D.C. Circuit, No. 07-7077, May 16, 2008.
In response to DCPS’s rejection of his application for an information technology position, Plaintiff James Adeyemi sued the District of Columbia for unlawful discrimination under the ADA. The District of Columbia responded that DCPS had hired two candidates who were better qualified than Adeyemi. Before trial, the lower federal court decided that DCPS had not discriminated against Adeyemi. Thereafter, Adeyemi appealed this decision.
The ADA makes it unlawful for an employer to “discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.” A School can be liable to an applicant or employee if it treats the individual differently because of a disability or fails to provide a reasonable accommodation. Adeyemi claimed he was subjected to unequal treatment so he had to persuade the Court that he was not hired because he was deaf. To prevail, he had to overcome the fact that DCPS articulated a legitimate, non-discriminatory reason for the adverse employment action – his inferior qualifications. Adeyemi had to demonstrate that DCPS’s non-discriminatory reason was not the true reason and that DCPS intentionally discriminated against him on a prohibited basis – being deaf.
Here, the appellate court found that Adeyemi could not produce sufficient evidence from which one could infer that DCPS’s legitimate, non-discriminatory reason – that it hired better-qualified candidates – was not the actual basis for the decision and that it intentionally discriminated against Adeyemi on account of his disability. Through interview notes and witnesses, DCPS persuaded the court that it had selected candidates who possessed significant experience that Adeyemi lacked. Therefore, the appellate court affirmed the lower court’s decision to dismiss Adeyemi’s ADA claim.
This case underscores the importance of carefully documenting hiring-related events and having a document retention policy. Remember, if it’s not written down (or saved), it didn’t happen.
If you have any questions regarding this case or other employment and labor related issues, please contact Kevin Kraham, 202-719-2016, kkraham@fordharrison.com; or Alison Davis, 202-719-2017, adavis@fordharrison.com.