Police officer with multiple sclerosis sues Johnson County city for revoking job offer

An Ottawa police officer claims the city of Olathe discriminated against him when the police department withdrew a job offer after learning the officer had been diagnosed with multiple sclerosis, according to a new federal lawsuit.

Officer Joshua Pence argues the decision violated the Americans with Disabilities Act and that he is otherwise qualified to work as a patrol officer without any special restrictions, just as he does now for the Ottawa Police Department, according to the discrimination lawsuit filed Friday morning in federal court.

The lawsuit seeks a jury trial to argue for Pence’s reinstatement to his would-be position on the Olathe force and a monetary award. Olathe police leaders declined to comment on the claims Friday afternoon, citing the ongoing litigation.

Pence has served as a police officer for more than 12 years, including the past eight years at the Ottawa Police Department where he is still a member of the department’s ranks, court records show.

He was diagnosed in 2017 with multiple sclerosis, an incurable but treatable disease that can affect the body’s central nervous system and potentially lead to certain disabilities, but Pence noted he is asymptomatic and has continued to work in Ottawa without any accommodations, according to the filing.

Pence applied to join the Olathe patrol division in the fall of 2020 and received a job offer late that year after a months-long interview and background check process conditioned on a final medical exam. The department even asked for Pence’s uniform sizes so that they would be ready as soon as he was cleared to begin work, the lawsuit noted.

During the medical review, however, Pence’s neurologist submitted a recommendation that he not be allowed to work in 100-degree or hotter weather for more than 45 minutes at a time, court records show. Pence claimed it was the first he learned of his neurologist’s recommendation and that his diagnosis had not impacted his work doing essentially the same job in Ottawa, but Olathe rescinded the job offer on the grounds it could not accommodate the doctor’s recommendation.

Pence’s argument “fell on deaf ears” and he never heard anything else from the police chief or city officials about possible alternatives after the first week of January 2021, court records show.

At a minimum, Olathe police leaders should have discussed with Pence whether any alternative accommodations could be made for any recommended medical restrictions, according to the filing.

“No further discussion took place about (Pence’s) future in the Olathe Police Department. Instead, (he) was simply told he would no longer be working for Olathe Police Department because of his health,” the lawsuit reads. “In his personal life, Plaintiff is an active father and an avid motorcyclist, and frequently spends long periods of time outdoors in all types of weather. He has never had a problem from his MS.”

Pence filed a claim of discrimination with the Kansas City area Equal Employment Opportunity Commission, which reviewed his claims and issued a notice of Pence’s right to sue in November.

He filed the lawsuit claiming Olathe discriminated against him based on his disability, despite his qualifications for the job, and asked to go before a jury in Kansas City, Kansas.