Background

• Barreca applied for a crisis counselor position with Travco Behavioral Health, interviewed twice, and provided documents including a physical exam form.
• The exam form listed multiple sclerosis with the note “No Limitations,” and Barreca’s MS history was not discussed in interviews.
• Barreca’s MS is long-standing (diagnosed 1983); she has received federal benefits but has not been hospitalized since 1991, with the disease now described as secondary progressive.
• Barreca shadowed a Travco employee at Trumbull Memorial Hospital and later submitted documents, but was told she could not report to work until the file was complete and a mental competency letter was obtained.
• No employment contract was offered; Travco did not hire Barreca, primarily due to incomplete documents rather than an explicit employment decision based on MS.
• Barreca sued for disability discrimination under Ohio's Civil Rights Act (R.C. Chapter 4112) and for intentional infliction of emotional distress; the trial court granted summary judgment on both claims, finding no disability and no evidence of discriminatory motive.

Issues

Key Cases Cited

• House v. Kirtland Capital Partners, 158 Ohio App.3d 68 (2004-Ohio-3688) (framework for Ohio disability discrimination prima facie case)
• Kredel v. Austinwoods, 2008-Ohio-5140 (7th Dist. Mahoning No. 08 MA 19) (federal/Ohio law alignment for disability definition)
• Fitzmaurice v. Great Lakes Computer Corp., 2004-Ohio-235 (8th Dist.) (physical impairment alone not enough; must substantially limit major life activity)
• Hazlett v. Martin Chevrolet, Inc., 25 Ohio St.3d 279 (Ohio 1986) (three-element test for disability discrimination)
• Monette v. Electronic Data Systems Corp., 90 F.3d 1173 (6th Cir. 1996) (federal prima facie framework for disability discrimination)