Attorney obtained summary judgment in the on a claim brought by a police department applicant who had failed a test for color-vision

Attorney obtained summary judgment in the on a claim brought by a police department applicant who had failed a test for color-vision. The Plaintiff had pursued remedies through the PHRC against co-defendant Municipal Police Officers Education and Training Commission, the state agency responsible for certifying all police officers in the state, but had failed to do so against the employing Department. At oral argument, the attorney was successful in arguing that color blindness was not a disability under the Americans with Disabilities Act or Rehabilitation Act, that Plaintiff's due process claim collapsed around his inability to identify a single similarly situated individual in the client Police Department, and that Plaintiff's failure to pursue administrative remedies was fatal to his claims.