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News & Press: HR

When Perception Becomes Reality

Monday, May 6, 2019   (0 Comments)
Posted by: Alyce Ryan
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In a recent 6th Circuit case, the court considered a claim of discrimination under the Americans with Disabilities Act (ADA), alleging discrimination based on an employee’s actual disability as well as perceived disability.

The court agreed the employee could not show he was disabled. As to the perception claim, the court noted that the employer’s knowledge of the employee’s medical condition alone was “insufficient to carry the day.” But because the supervisor told the employee the health issues and doctor’s appointments were the reason for his being fired, that “creates a factual dispute and makes it material” and a matter for a jury to decide.

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