The U.S. Equal Employment Opportunity Commission recently filed
a lawsuit under the Americans With Disabilities Act, alleging that
Resources for Human Development, Inc. (RHD) illegally fired an
employee because of her obesity. The lawsuit is pending in federal
district court in Louisiana.
According to the EEOC's press release, RHD employed Lisa
Harrison as Prevention / Intervention Specialist, working with
young children of mothers being treated for addiction. The EEOC
claims that RHD perceived Harrison as being disabled because of her
obesity, and that it fired her in September 2007 as a result.
According to the EEOC, Harrison died before the lawsuit was filed,
so her interests will be represented by her estate. The press
release does not comment on how Harrison's inability to testify
will affect the EEOC's case.
This case is particularly notable because Harrison's employment
was terminated in September 2007, before the recent amendments
greatly expanding the scope of the ADA took effect. Consequently,
the EEOC will have to prove not only that RHD was aware of
Harrison's physical impairment, but that those responsible for
her termination believed that her impairment substantially limited
her in one or more major life activities. If Harrison had been
terminated after the amendments took effect, the EEOC would have to
establish only that the decision makers knew of or believed that
Harrison had a physical impairment, not that they had any specific
believe as to the effect of that impairment on her life
activities.
In light of the recent ADA amendments, employers can expect to see
many more lawsuits from the EEOC and employees alleging
discrimination based on actual or perceived conditions that
previously may not have qualified as "disabilities."
Because of this and similar efforts to expand the boundaries of
other employment laws, employers must increasingly regard every
termination or adverse employment action as a potential "high
risk" situation, and take appropriate steps to ensure that
they can defend themselves in the event of a lawsuit.
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