An important aspect of the ADA is that it covers more than just actual disabilities; it also covers employees with a record of having a disability, and employees regarded as having a disability by their employers.
Lawffice Space readers may recall a recent lawsuit by a Hooters employee based on weight discrimination (Case of the Week #5). That case differed from this EEOC suit because the Hooters lawsuit was brought in Michigan which has its own weight discrimination statute. I warned readers that "I think a good lawyer could also cobble together an ADA... claim." Well, the EEOC appears to have done just that.
On a sad note, Ms. Harrison passed away before the EEOC filed suit.
Image from Wikimedia Commons under Attribution-Share Alike 3.0 Unported license.
Author: AgnosticPreachersKid (own work).
Date: September 11, 2008
Posted by Philip Miles, an employment lawyer with McQuaide Blasko in State College, Pennsylvania.