A major international retailer recently won summary judgment in a claim of disability discrimination. A former employee claimed that he was discharged on the basis of his disability and that his disability should have been obvious to his employer. The court determined that, under disability discrimination laws, an employer is allowed to discharge an employee for misconduct, even if the misconduct relates to a disability. Here, the Court determined that the undisputed evidence in the record demonstrated that the employee was discharged as a direct result of his behavior that violated the employer’s policy and not on the basis of his disability itself. In addition, the court found no evidence that the employer was aware of the disability and further determined that, even if the employer believed that Plaintiff was disabled, such knowledge alone was insufficient to demonstrate that such perception caused the adverse action.

Disclaimer