Sparrow v. District of Columbia Office of Human Rights

Summary

The District of Columbia Court of Appeals reviewed the Office of Human Rights’ finding of no probable cause on Timothy Sparrow’s claims that R.B. Properties failed to reasonably accommodate his disability and terminated him in retaliation for requesting accommodation. The court held that OHR ignored material evidence concerning the interactive accommodation process, whether Sparrow’s demotion was a reasonable accommodation, and whether the stated performance-based reason for termination was pretextual. The court remanded for further proceedings consistent with its opinion.

Holdings

1. OHR's finding was not supported by substantial evidence because OHR ignored material evidence showing that the parties' communications consisted only of Sparrow's accommodation request and R.B. Properties' unilateral take-it-or-leave-it demotion offer.
2. OHR improperly determined that the demotion was a reasonable accommodation solely because it reduced Sparrow's hours and time on his feet; the evidence required consideration of whether the action was instead an adverse employment action and whether a reasonable accommodation was provided.
3. OHR applied an overly onerous burden by requiring Sparrow to prove that evidence of poor performance was false; at the investigative stage, Sparrow instead needed to provide credible, probative, and substantial evidence that the stated legitimate reason was not the actual reason and that R.B. Properties intentionally discriminated against him.

Questions Presented

1. Whether OHR's finding that R.B. Properties engaged Sparrow in an interactive process to identify a reasonable accommodation was supported by substantial evidence.
2. Whether OHR properly determined that R.B. Properties' demotion and reduction in salary and hours constituted a reasonable accommodation rather than an adverse employment action.
3. Whether OHR applied an overly onerous evidentiary burden in determining that Sparrow failed to show that R.B. Properties' stated reason for terminating him was pretextual.

Disposition

reversed_and_remanded