Lucky told Holihan that he could apply for a store manager position once one became available, but Holihan refused the offer. Holihan then filed a complaint in the district court alleging Lucky discriminated against him on the basis of his disability. Even if Holihan couldn't perform his store manager job, the fact that he worked in the sign-making business and in real estate showed that he was not disabled. Since Lucky knew about the doctors' reports diagnosing Holihan with depression, anxiety and stress, Lucky could have regarded Holihan as suffering from a disabling mental condition that substantially limited his ability to work. Therefore, the Court ordered Lucky to go to trial on the case.
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