United States District Court, D. Colorado
MARK R. DORSEY, Plaintiff,
CHS, INC., a Minnesota Corporation, Defendant.
ORDER DENYING DEFENDANT'S MOTION FOR SUMMARY
Brooke Jackson United States District Judge
matter is before the Court on defendant CHS Inc.'s motion
for summary judgment [ECF No. 30]. For the reasons stated
below, the motion is denied.
Dorsey was diagnosed with Parkinson's disease in 2009.
See Boulder Neurological Associates, Prof. LLC
Records at 2, ECF No. 30-1. In March 2012 he underwent deep
brain stimulation surgery to ease the symptoms of
Parkinson's disease, but this procedure put him at risk
of developing severe speech difficulties. Id. at 3.
Shortly thereafter, Mr. Dorsey began having issues with his
speech intelligibility and was diagnosed with dysarthria, a
motor speech disorder. Center for Neurorehabilitation
Services, P.C. Records at 6, 11, ECF No. 30-2. Despite his
trouble speaking, he interviewed with CHS and was hired for
an open position. See Dorsey Dep. 51:7-13, ECF No.
30-3; Strum Dep. 73:11-74:10, ECF No. 30-5. He sought speech
therapy to manage his disorder until he started his new job.
See Center for Neurorehabilitation Services, P.C.
Records at 11, ECF No. 30-2; Dorsey Dep. at 51:7-13, ECF No.
September 2012 Mr. Dorsey began working for CHS as a
nutrition consultant. Dorsey Dep. at 51:7-13, 65:17-20, ECF
No. 30-3. The official job description summarizes Mr.
Dorsey's responsibilities as follows: “Provide
salesmanship to an assigned area to obtain customer feed and
service orders. Call on livestock producers in an assigned
territory to promote and obtain profitable product and
service sales. Services include value-added programs
supported by the company.” Nutrition Consultant Job
Description at 1, ECF. No. 30-4. The role's specific
1) Make farm calls on livestock producers to sell and detail
product information along with company services.
2) Provide salesmanship to selected dealers or direct
accounts according to sales management and assigned
3) Responsible for individual travel and company promotion
expenses to remain within approved budget guidelines.
4) Provide daily route schedule to supervisor.
5) Submit weekly and daily reports to management for review.
6) Report customer complaints to supervisor. Investigate
immediately customer's complaint and provide written
information, along with samples.
7) Participate in establishing sales goals for assigned
territory for sales management.
8) Assist in developing marketing plans and strategies for
Id. The job description also lists the following
“Special Job Characteristics”:
• Incumbent must possess good customer service and
communication skills, both written and interpersonal.
• Incumbent should possess a sound understanding of
• Incumbent must be motivated to reach and obtain sales