Employer assumptions create ADA risks

A recent Ohio federal district court decision provides a sobering reminder about the problems created when employers make assumptions about disabilities. Specifically, after finding an employee's medical condition wasn't a disability covered by the Americans with Disabilities Act (ADA), the court permitted him to proceed with his claims under the Act's "regarded as" provision because of assumptions made by the employer.

Background

Doug McGonegle was employed as a bedding salesman by Select Comfort Retail Corp. He suffered from an essential tremor (ET). The condition caused his hands to shake involuntarily but didn't substantially impair any of his major life activities.

Although McGonegle performed well as a salesperson, he allegedly permitted a customer to use a "friends and family discount" in violation of company policy. When confronted about the rule violation, he allegedly became hostile toward his supervisor in the presence of customers and stormed out of the store.

McGonegle denied the allegations and sought the customer's support in his defense. He was nevertheless terminated by Select Comfort for improperly using the discount, showing hostility when confronted, involving the customer in the dispute, and leaving the store without permission.

McGonegle sued for disability discrimination, claiming his ET constituted a disability under state and federal law and his employer regarded him as disabled. His physician testified that "the normal operation of the neurological system of individuals suffering from Essential Tremor is substantially limited."