Magazine article HRMagazine

In Connecticut Law, No Action for Perceived Disability Discrimination

Magazine article HRMagazine

In Connecticut Law, No Action for Perceived Disability Discrimination

Article excerpt

An employee does not have a claim for discrimination on the basis of a perceived disability-rather than an actual impairment-under Connecticut law, the Connecticut Court of Appeals has ruled. The court distinguishes state law from the federal Americans with Disabilities Act, under which such a claim is recognized (Desrosiers v. Diageo North America Inc., Conn. Ct. App., No. 33235 (Aug. 14, 2012)).

The employee in the case worked as a packaging buyer for a producer of beer and wine. In April 2004, the employer told her she needed to improve her performance in five areas. Five months later, in her next performance review, she was rated as inadequate in two of the five areas and was given a 90-day performance improvement plan. On Jan. 4, 2005, when she returned from two weeks' vacation, she told the employer that she needed to take time offfrom work to undergo surgery for a tumor on her right shoulder. She was terminated the next day for the stated reason that her performance had not sufficiently improved. …

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