Plausible deniability: Can you fail to accommodate an unknown disability?

An HIV-positive employee takes leave due to his medical status. He is later terminated for poor performance. Although his employer is aware he has a “serious health condition,” it isn't aware he is HIV-positive. What obligations does it have? Can it be held liable if it fails to accommodate an unknown disability?

Facts

Jermyrion Hutcherson was employed by Siemens from 2007 until he was terminated in February 2017. He filed suit alleging he had a disability resulting from being HIV-positive and that the company violated his rights under the Americans With Disabilities Act (ADA) by failing to accommodate his disability.

According to Hutcherson, he had been diagnosed as HIV-positive in 2009, and although he never disclosed the diagnosis to anyone at Siemens, he informed his supervisors he had a “serious medical condition” that would require him to take leave from time to time. For this reason, he asked about applying for intermittent Family and Medical Leave Act (FMLA) leave. He claimed neither supervisor requested further information regarding the nature of his “serious medical condition” or his need for leave related to the condition, and both responded FMLA leave wasn't necessary and that he could instead use his accrued paid time off (PTO). In February 2017, however, the company terminated his employment, citing as one of its reasons his poor attendance.

After Hutcherson filed suit against Siemens, it sought summary judgment (dismissal in its favor without a trial) on his claims.

Court's decision