If woman doesn't consider herself disabled, how can it be sued for disability discrimination, Dollar General wonders

By Kyla Asbury | Jul 13, 2018

STATESBORO, Ga. (Legal Newsline) – A woman who alleges she was discriminated against and denied a job because of her disability is asking a Georgia court to deny the operator of Dollar General store's motion for summary judgment in her discrimination case.

Dolgencorp LLC argued in an April memorandum of law in support of a motion for summary judgment that Terri T. Mosley testified that she did not consider herself disabled and that the sling she wears on her arm does not limit her during her daily life, other than when she needs to tie her shoes.

Mosley applied for a job with a Dollar General store in September 2015 and was interviewed, but then withdrew herself from being considered for the job before the store had even made a decision about hiring her, according to Dolgencorp's motion.

"Mosley unequivocally withdrew from the application process before Dollar General made a hiring decision, which serves as the legitimate, non-discriminatory and non-retaliatory reason for Mosley not being hired as a sales associate," Dolgencorp's motion states.

Dolgencorp claims Mosley informed the manager of the Portal, Georgia store that she could do anything that anyone else could do.

Since there are no genuine issues of material fact regarding discrimination or retaliation claims, Dolgencorp asked the court to grant its motion for summary judgment and dismiss the case.

In her response to the motion for summary judgment, filed in May in the U.S. District Court for the Southern District of Georgia, Statesboro Division, Mosley states that the reasons for not interviewing her offered in Dollar General's motion were pretextual for discrimination.

Mosley contents she arrived at the Dollar General store for her interview and the store manager, Chris Williams, told her that she couldn't work in the store because of her arm.

Williams also allegedly told her, "I've got to look out for myself. If you get in there and get hurt, it's all going to fall back on me," according to her response.

Mosley claims just because she has a positive outlook on her injury does not mean she isn't considered disabled under the Americans with Disabilities Act.

In the Equal Employment Opportunity Commission's complaint filed against Dolgencorp in July 2017, it states that Mosley applied for the position and was told she could not work because of her arm, which had been injured in a car accident two years before. After complaining to the store's human resources department, she allegedly never heard from the store manager again.

The EEOC seeks back pay and compensatory and punitive damages for Mosley.

Dolgencorp is represented by Stanley E. Graham and John E.B. Gerth of Waller Lansden Dortch & Davis in Nashville, Tennessee, plus other representatives from various law firms.

Mosley is represented by Daniel B. Snipes and Leslie H. Cushner of Tualbee, Rushing, Snipes, Marsh and Hodgin in Statesboro, Georgia.

U.S. District Court for the Southern District of Georgia case number: 6:17-cv-00100

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