Insensitive comments not evidence employer regarded employee as disabled

When an employer is put on notice of an employee’s disability, it can create legal and practical responsibilities in the workplace. Under the Americans with Disabilities Act (ADA) and similar state laws, notice of a disability—whether formal or informal—may obligate the employer to engage in an interactive process to determine reasonable accommodations that would enable the employee to perform essential job functions. However, without notice of a disability, an employer cannot be found to have harassed or discriminated against an employee based on that disability.

In a recent 67-page decision, the U.S. District Court for the District of Massachusetts granted summary judgment (dismissal without a trial) in favor of the employer after reaching the conclusion that unflattering characterizations of an employee did not demonstrate that the employer regarded the employee as disabled.

When is an employer put on notice that an employee is disabled?

An employer can learn about an employee’s disability in various ways. It may be obvious—such as when an employee is blind or uses a wheelchair. An employee may disclose a disability either with or without providing medical documentation about the medical condition. In some cases, even if an employee cannot demonstrate that the employer was put on notice of the actual disability, the employee may still recover for disability-based harassment and discrimination.