Cook v. Department of Mental Health, Retardation, & Hosps.

Cook v. Department of Mental Health, Retardation, & Hosps.

Opinion

 [*20]  SELYA, Circuit Judge. This pathbreaking "perceived disability" case presents a textbook illustration of the need for, and the operation of, the prohibition against handicap discrimination contained in section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 (1993 Supp.). Concluding, as we do, that plaintiff's proof satisfied the burdens articulated by the district court in its jury instructions, we uphold the denial of defendant's various post-trial motions and affirm the [**2]  judgment below.

I. BACKGROUND

At the times material hereto, defendant-appellant Department of Mental Health, Retardation, and Hospitals (MHRH), a subdivision of the Rhode Island state government, operated the Ladd Center as a residential facility for retarded persons. Plaintiff-appellee Bonnie Cook worked at Ladd as an institutional attendant for the mentally retarded (IA-MR) from 1978 to 1980, and again from 1981 to 1986. Both times she departed voluntarily, leaving behind a spotless work record. The defendant concedes that Cook's past performance met its legitimate expectations.

In 1988, when plaintiff reapplied for the identical position, she stood 5'2" tall and weighed over 320 pounds. During the routine pre-hire physical, a nurse employed by MHRH concluded that plaintiff was morbidly obese ² but found no limitations that impinged  [*21]  upon her ability to do the job. Notwithstanding that plaintiff passed the physical examination, MHRH balked. It claimed that Cook's morbid obesity compromised her ability to evacuate patients in case of an emergency and put her at greater risk of developing serious ailments (a "fact" that MHRH's hierarchs speculated would promote absenteeism and [**3]  increase the likelihood of workers' compensation claims). Consequently, MHRH refused to hire plaintiff for a vacant IA-MR position.

Cook did not go quietly into this dark night. Invoking section 504, she sued MHRH in federal district court. ³ MHRH moved to dismiss the complaint, see Fed. R. Civ. P. 12(b)(6), averring that morbid obesity can never constitute a handicap within the meaning of the Rehabilitation Act. The district court denied the motion. See Cook v. Rhode Island, 783 F. Supp. 1569 (D.R.I. 1992). Pretrial discovery followed.

Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.