Nolan Deeds v. City of Marion, Iowa, St. Luke's Work Well Solutions St. Luke's Healthcare, and Iowa Health System

APPEL, Justice (dissenting).

I respectfully dissent.

A flat-out ban from employment on anyone with a recurrence of multiple sclerosis (MS) within the last three years is precisely the kind of stereotyping that the disability-discrimination provisions of the Iowa Civil Rights Act (ICRA) are designed to prevent. How is it that such stereotyping was applied to Nolan Deeds? The evasion of the ICRA was achieved when the employer contracted out the physical examination to a third party.

Can it be that an employer can avoid responsibility for disability discrimination by contracting out the physical…