The Society for Human Resource Management (SHRM) case involving a former candidate’s request for a disability accommodation is moving closer to a courtroom—or a settlement conference.
A federal judge Thursday denied SHRM’s motion for summary judgment in Torres v. Society for Human Resource Management, finding there is a “genuine dispute of material fact” related to the disability discrimination and failure to accommodate claims by the plaintiff, Fiona Torres, under both the Americans with Disabilities Act and Virginia Human Rights Act.
The two-page order doesn’t settle any disputes or find that SHRM violated any law. Rather, US District Judge for the Eastern District of Virginia Patricia Tolliver Giles, determined the factual disagreements were significant enough that they cannot be decided as a matter of law on summary judgment.
This week’s order leaves the claims in place for further court proceedings, including the possibility of a jury trial, previously scheduled to begin on Oct. 6. The judge in her order also encouraged the parties to contact the magistrate judge’s office to schedule a settlement conference.
At issue. The precise factual disputes that will ultimately go to a jury are still taking shape through the pretrial process. Judge Tolliver Giles’s order doesn’t offer insights into which facts of the case the parties disagree and comes after the plaintiff last month petitioned to include a SHRM position statement to the EEOC during the administrative phase of...
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