2012 WL 6681773 (M.D. Ala. Dec. 21, 2012) Henderson v. Thomas, Prisoners with HIV brought a class action lawsuit on behalf of all current and future inmates of the Alabama Department of alleging discrimination on the basis of Corrections (“ADOC”) HIV status. Alleged excluded from participation in kitchen jobs within ADOC and food-service jobs in work-release programs. Interpreting Title II of the ADA and the Rehabilitation Act, the court held that the policies were in light of the fact that the is defendant’s “obviously irrational” “science unanimous: there is no risk of HIV spreading through food.” Note: EEOC guidance emphasizes that HIV is not listed on the CDC list or in the FDA Food Code as a disease transmissible through the food supply, and reminds employers that fear about HIV or AIDS, or concern about does not justify rescinding a job offer. others’ reactions, How to Comply with the Americans with Disabilities Act: A Guide for Restaurants and Other Food Service Employers Slide 67: Harassment 5 Factors in Disability Harassment Claims: Plaintiff is a qualified individual with a disability Plaintiff was subjected to unwelcome harassment The harassment was based on disability plaintiff’s The harassment was sufficiently severe or pervasive to alter a term, condition, or privilege of employment, and Some factual basis exists to impute liability for the harassment to the employer (i.e. the employer knew or should have known of the harassment and failed to take prompt, remedial action) Slide 68: Harassment 2007 WL 1725382 (D. Minn. June 14, 2007) Navarre v. White Castle System, Employee with ADHD and alleged that he was subjected to unlawful Tourette’s syndrome verbal and physical harassment. Court found that he presented sufficient evidence to overcome White motion for Castle’s summary judgment. Presented evidence that his coworker pushed, shoved, and threatened to punch him. Also that coworker called him words such as and asked him if he was “retard” “[expletive] stupid,” on his “dropped [expletive] head.” Court rejected White argument that these words were not intended to be literal, but Castle’s rather were words used as terms of derision that they carry no natural “so commonly association with an actual disability.”
Henderson v. Thomas, 2012 WL 6681773 (M.D. Ala. Dec. 21, 2012) Prisoners with HIV brought a class action lawsuit on behalf of all current and future inmates of the Alabama Department of Corrections (“ADOC”) alleging discrimination on the basis of HIV status. Alleged excluded from participation in kitchen jobs within ADOC and food-service jobs in work-release programs. Interpreting Title II of the ADA and the Rehabilitation Act, the court held that the defendant’s policies were “obviously irrational” in light of the fact that the “science is unanimous: there is no risk of HIV spreading through food.” Note: EEOC guidance emphasizes that HIV is not listed on the CDC list or in the FDA Food Code as a disease transmissible through the food supply, and reminds employers that fear about HIV or AIDS, or concern about others’ reactions, does not justify rescinding a job offer. How to Comply with the Americans with Disabilities Act: A Guide for Restaurants and Other Food Service Employers Slide 67: Harassment 5 Factors in Disability Harassment Claims: Plaintiff is a qualified individual with a disability Plaintiff was subjected to unwelcome harassment The harassment was based on plaintiff’s disability The harassment was sufficiently severe or pervasive to alter a term, condition, or privilege of employment, and Some factual basis exists to impute liability for the harassment to the employer (i.e. the employer knew or should have known of the harassment and failed to take prompt, remedial action) Slide 68: Harassment Navarre v. White Castle System, 2007 WL 1725382 (D. Minn. June 14, 2007) Employee with ADHD and Tourette’s syndrome alleged that he was subjected to unlawful verbal and physical harassment. Court found that he presented sufficient evidence to overcome White Castle’s motion for summary judgment. Presented evidence that his coworker pushed, shoved, and threatened to punch him. Also that coworker called him words such as “retard” “[expletive] stupid,” and asked him if he was “dropped on his [expletive] head.” Court rejected White Castle’s argument that these words were not intended to be literal, but rather were words “so commonly used as terms of derision that they carry no natural association with an actual disability.”
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