Jottings By An Employer's Lawyer

Monday, November 04, 2002

HIV positive employee not disabled under any of the 3 prongs of ADA disability definition

The 5th Circuit upholds Judge Fitzwater's grant of summary judgment when he found that an HIV positive employee was not disabled under the ADA. Although HIV status effects reproduction, when the employee had already disavowed the desire for any future children, it was not a major life impairment. The Court also ruled out 'working' as an a substantial impairment. The employee was able to do a variety of jobs, he just could not return to his former position as a residential CSR because of the stress. Blanks v. Southwestern Bell Communications [pdf] (5th Cir. 11/04/02)l


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