00-3091 O'Neal v. City of New Albany, et al.

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“[T]he record demonstrates that Dr. Pope had concluded that O’Neal passed the baseline statewide medical examination, and the defendants knew it. Dr. Pope checked the ‘no’ box next to each baseline condition listed in O’Neal’s 1977 fund application and signed that page of the form. Dr. Pope also signed a certification qualifying O’Neal to attend recruit school, which stated ‘as a result of my physical examination, I have determined that this patient can safely participate in all types of vigorous physical activities.’ These documents were provided to Chief Anderson and Captain Mills. Indeed, Captain Mills, who is also the secretary of the local pension board, signed a certification stating that O’Neal ‘passes the local physical and mental standards, if any, established by the appointing authority for the department . . . and has been determined to meet physical requirements to be a member of the department after being tested using the baseline statewide physical examination.’ Nonetheless, Anderson and Mills refused to send O’Neal’s information to PERF because, they say, additional medical tests were required. O’Neal contends that these additional tests were just a ruse. Specifically, he argues that the ‘excludable conditions’ identified by Dr. Pope as requiring additional testing, i.e., ear wax, gingivitis, possible urinary tract disease, and a lesion on his penis, had nothing to do with the baseline medical examination or his ability to perform the duties of a police officer. Significantly, the defendants do not assert that any of these conditions would in fact affect his ability to perform as a police officer. Dr. Pope acknowledged that the conditions he identified would probably not impact O’Neal’s ability to be a police officer. Nor did Dr. Pope or any of the officials involved in the city’s hiring process identify any physical aspect of the job that O’Neal could not perform. Chief Anderson testified that two other applicants were required to take additional medical tests before Dr. Pope would certify them as having passed the medical examination, but those applicants had conditions affecting their vision and hearing, which are baseline conditions. Notably, O’Neal is the only applicant ever to have failed the medical examination. Based on the above, O’Neal has presented sufficient evidence to cast doubt on the truthfulness of the defendants’ proffered reasons for not forwarding his application to PERF. Because a trier of fact could reasonably infer from this evidence that the defendants’ proffered reasons for rejecting O’Neal were a pretext for discrimination, we conclude that summary judgment was inappropriate and remand this case for trial.”

Affirmed in part, and vacated and remanded in part.

Appeal from the United States District Court for the Southern District of Indiana, Godich, Mag. J., Rovner, J.