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Keywords

trialmotionburden of proofdiscriminationrehabilitation

plaintiffdamagesmotionrehabilitation

Related Cases

Doll v. Brown, 75 F.3d 1200, 64 USLW 2563, 5 A.D. Cases 369

Facts

Charles Doll, a competent electrician employed by a Veterans Administration hospital, underwent a laryngectomy and tracheotomy due to throat cancer in 1986. After returning to work, he experienced breathing difficulties and requested accommodations to avoid heavy dust, which were denied. He was transferred to a lower-paying position and subsequently denied a promotion to electrician foreman, despite being qualified. After exhausting administrative remedies, Doll sued the Department of Veterans Affairs, which led to a trial where the court found the Department had violated the Rehabilitation Act.

The plaintiff, Charles Doll, who is now 60 or 61 years old, a competent and experienced electrician, was in August of 1986 employed as an electrician by a Veterans Administration (now Department of Veterans Affairs) hospital.

Issue

Did the Department of Veterans Affairs discriminate against Charles Doll in violation of the Rehabilitation Act by failing to accommodate his medical condition and denying him a promotion?

Rule

In employment discrimination cases under the Rehabilitation Act, the burden of proof regarding injury rests on the employer, who must demonstrate by clear and convincing evidence that the employee was not made worse off by the violation.

If the plaintiff succeeds in proving that the employer violated the law, the latter can avoid having to pay damages or to provide other relief to the plaintiff only by proving that the plaintiff was not made worse off by the violation.

Analysis

The court applied the rule by examining the evidence presented regarding Doll's qualifications for the foreman position and the Department's failure to consider them adequately. The judge found that the government's argument regarding the qualifications of the selected candidate was not persuasive, as Doll's qualifications were not fully considered. However, the court noted that the evidence was not so one-sided as to definitively conclude that Doll would have been selected for the position.

The judge found that the government's evidence (and it was evidence, not mere contention) was not persuasive.

Conclusion

The court reversed the judgment for back pay and remanded the case for further consideration of the issue, while affirming the finding of discrimination and the order for Doll's reinstatement.

The judgment for back pay is reversed and the case remanded for further consideration of the issue consistent with this opinion.

Who won?

Charles Doll prevailed in establishing that the Department of Veterans Affairs discriminated against him, leading to the court's order for reinstatement and consideration for promotion.

The court concluded that the Department had violated the Rehabilitation Act, and he ordered the Department to reinstate Doll as an electrician.

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