A recent Illinois district court case sheds light on whether HIV is a disability under the ADA Amendments Act of 2008 (ADAAA). In Horgan v. Simmons, (No. 09 C 6796, ND IL, 2010), the court held that an HIV-positive man who was terminated after disclosing his medical condition to his supervisor could pursue an employment discrimination claim under the ADA.
Under the ADA, employers cannot discriminate against a qualified individual with a disability. The ADAAA, which became effective Jan. 1, 2009, revised certain provisions of the ADA to broaden the scope of the law’s protections and make it easier for people to prove that they have a covered disability.
This case reflects the trend toward broader protection under the ADA.
A boss’s suspicions
In 2001, Kenneth Horgan began working as a sales manager for Morgan Services Inc., a linen and uniform rental company. He was promoted to general manager in 2008.
Ten years earlier, Horga...(register to read more)
- OK to use candidate observations to justify hiring decisions
- Out of sight shouldn't be out of mind: Monitor remote facilities for signs of harassment
- Replacing worker with someone slightly younger isn't age bias
- Supervisors who say 'What happens here, stays here' invite retaliation claims
- North Carolina Unemployment Compensation Law