Employment: Disability Discrimination-MHRA-Jury Instructions

Staff Report//December 26, 2019//

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Where plaintiff employee challenged a jury verdict against her on her action for damages on claims of disability discrimination and retaliation under the Missouri Human Rights Act, the evidence did not establish that the employer regarded the employee as having a physical impairment that had a substantial impact on a major life activity, so the trial court did not err in refusing the plaintiff’s verdict director and instead submitting that of the defendant, and the plaintiff’s failure to object during an instruction conference to the exclusion of failure-to-accommodate language meant the issue was not preserved for appeal, and the judgment is affirmed over the plaintiff’s remaining instructional challenges.

Judgment is affirmed.

Gaal v. BJC Health System (MLW No. 74256/Case No. ED107045 – 22 pages) (Missouri Court of Appeals, Eastern District, Ransom, J.) Appealed from St. Louis City, Hettenbach, J. (Daniel R. Schramm for appellant) (Andrew J. Martone for respondent).

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