Daugherty v. Sajar Plastics

1 Citing brief

  1. Jacox v. Lynch

    MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

    Filed September 12, 2016

    Accordingly, he was required to plead a prima facie disability discrimination case through circumstantial evidence, which includes the following: (1) that he is disabled; (2) that he is otherwise qualified for the position, with or without reasonable accommodation; (3) that he suffered an adverse employment action; (4) that the employer knew or had reason to know of his disability; and (5) that either he was replaced by a nondisabled person or his position remained open while the employer sought other applicants. Daugherty v. Sajar Plastics, Inc., 544 F.3d 696, Case 2:16-cv-02303-SHL-dkv Document 9-1 Filed 09/12/16 Page 4 of 9 PageID 514 5 703 (6th Cir. 2008). The plaintiff has failed to plead facts sufficient to satisfy the second element – he was otherwise qualified and fifth element – he was replaced by a nondisabled person.