Jottings By An Employer's Lawyer

Monday, May 15, 2006

Dr.'s Opinions Means No Use of Stereotypes

In a 2-1 affirmation of a summary judgment, the majority and dissent at least agreed on one principle for a perceived disability case:
[t]he provision addressing perceived disabilities is intended to combat the effects of archaic attitudes, erroneous perceptions, and myths that work to the disadvantage of persons with or regarded as having disabilities.” Brunko v. Mercy Hospital, 260 F.3d 939, 942 (8th Cir. 2001) (citation omitted).If a restriction is based upon the recommendations of physicians, then it is not based upon myths or stereotypes about the disabled and does not establish a perception of disability."
Breitkreutz v. Hillis (8th Cir. 5/15/06) [pdf].

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