Matthew Lewis Hunter
v.
City of Des Moines, Iowa
Appellee
Matthew Lewis Hunter
Appellant
City of Des Moines, Iowa
Attorneys for the Appellee
David Albrecht (argued)
Kellie L. Paschke
Kelly Verwers
Attorneys for the Appellant
Michelle Mackel-Wiederanders (argued)
Luke DeSmet
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Paul D. Scott, Judge. REVERSED AND REMANDED. Heard at oral argument by Tabor, C.J., and Greer, Ahlers, Badding, and Sandy, JJ. Opinion by Badding, J. Dissent by Sandy, J. (37 pages)
The City of Des Moines appeals the denial of its motions for new trial and judgment notwithstanding the verdict after trial on Matthew Hunter’s claims for disability discrimination and failure-to-accommodate. OPINION HOLDS: While we find substantial evidence to support the jury’s verdict on Hunter’s discrimination claim, we agree that Hunter failed to establish his accommodation claim. An excuse for prior misconduct is not a reasonable accommodation. Furthermore, because the district court incorrectly instructed the jury that employers are liable for discriminatory motives they “do not acknowledge or realize,” we must remand for new trial on Hunter’s discrimination claim. We vacate the district court’s attorney fee award. DISSENT ASSERTS: Because Hunter requested an accommodation and the City proceeded to terminate him rather than explore further options and because Instruction 26 does not misstate Iowa law, I respectfully dissent.
