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TODD v. CITY OF CINCINNATI

No. 05-3343.

436 F.3d 635 (2006)

Rick TODD, Plaintiff-Appellant, v. CITY OF CINCINNATI, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 3, 2006.

Attorney(s) appearing for the Case

ARGUED: Mark Joseph Byrne, Jacobs, Kleinman, Seibel & McNally, Cincinnati, Ohio, for Appellant. William C. Hicks, City Solicitor's Office for the City of Cincinnati, Cincinnati, Ohio, for Appellee. ON BRIEF: Mark Joseph Byrne, Jacobs, Kleinman, Seibel & McNally, Cincinnati, Ohio, for Appellant. Augustine Giglio, City Solicitor's Office for the City of Cincinnati, Cincinnati, Ohio, for Appellee.

Before: MERRITT, MARTIN, and GILMAN, Circuit Judges.

OPINION

MERRITT, Circuit Judge.

This is a factual "disability" case arising under the "being-regarded-as-having-such-an-impairment" provision of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12102(2)(C). The Act prohibits a "covered entity," including a municipality, from discriminating "against a qualified individual with a disability because of the disability of such individual in regard to . . . hiring, advancement . . . and other terms...

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