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DOE v. SALVATION ARMY IN U.S.

No. 11-3019.

685 F.3d 564 (2012)

John DOE, Plaintiff-Appellant, v. The SALVATION ARMY IN the UNITED STATES; The Salvation Army Eastern Territory, Defendants, The Salvation Army, a New York Corporation, Defendant-Appellee, Chuck, (Last Name Unknown), nka Chuck Snider, Defendant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 11, 2012.

Attorney(s) appearing for the Case

ARGUED: Kerstin Elisabet Sjoberg-Witt , Ohio Legal Rights Service, Columbus, Ohio, for Appellant. Hamilton DeSaussure, Jr. , Oldham Kramer, Akron, Ohio, for Appellee. ON BRIEF: Jane Pat Perry , Ohio Legal Rights Service, Columbus, Ohio, for Appellant. Hamilton DeSaussure, Jr. , Cara L. Galeano-Legarri , Oldham Kramer, Akron, Ohio, for Appellee.

Before: MOORE, GIBBONS, and ALARCÓN, Circuit Judges.

OPINION

KAREN NELSON MOORE, Circuit Judge.

John Doe ("Doe") sued the Salvation Army for employment discrimination under § 504 of the Rehabilitation Act when one of its adult rehabilitation centers refused to hire him as a truck driver. The only issue on this appeal is whether Doe has satisfied the fourth element of a prima facie case under § 504 of the Rehabilitation Act, which requires a plaintiff to establish that the program or activity accused...

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