CourtCases2010

in the present setting a true mcdonnell douglas test

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Unformatted text preview: .Ct. 2139, 144 L.Ed.2d 450 (1999), suggests (in dictum--the question before the Court was whether a person who has to wear glasses is disabled because without them he couldn't see) that the answer is "no" unless the individual is mistakenly regarded by his employer as having a disability; such a mistake is an alternative trigger of the Act's protections. 42 U.S.C. § 12102(2)(C); EEOC v. Rockwell Int'l Corp., 243 F.3d 1012, 1014-15 (7th Cir.2001). Larimer must lose even if his daughters are disabled or regarded as disabled. He is suing not on their behalf but on his own, under a provision of the ADA that forbids discrimination against "a qualified individual because of the known disability of an individual with whom the qualified individual is known to have a relationship or association." 42 U.S.C. § 12112(b)(4). Notice first the oddity of requiring the plaintiff to show that he is a "qualified individual," since the only definition in the ADA of a "qualified individual" is the definition of "qualified individual with a disability" as "an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires." 42 U.S.C. § 12111(8). If this is the "qualified individual" to which the association provision (section 12112(b)(4)) refers, then Larimer cannot obtain any relief under that provision because he has no disability! The term "qualified individual" in that provision must simply mean qualified to do one's job, as assumed though nowhere discussed in the legislative history and the cases. H.R. Rep. 101-485, pt. 2, at 61-62 (1990), reprinted in 1990 U.S.C.C.A.N. 303, 343-44; 29 C.F.R. § 1630.8; Hilburn v. Murata Electronics North America, Inc., 181 F.3d 1220, 1230-31 (11th Cir.1999); Den Hartog v. Wasatch Academy, supra, 129 F.3d at 1083- 85; Ennis v. National Ass'n of Business & Educational Radio, Inc., 53 F.3d 55, 59-60 (4th Cir.1995); Rocky v. Columb...
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