1. Horgan v. Simmons. Patrick Francis, HRMG 5700, Webst

Added on - 18 Sep 2019

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HORGAN V. SIMMONSPatrick Francis, HRMG 5700, Webster University. Spring 2
1Case summary: Horgan v. SimmonsThis case was filed in the district court of United States by the plaintiff, Kenneth Horgan, whohad beenworkingas a sales manager in Los Angeles, for Morgan, a linen, and uniform rentalServices Company, since February 1, 2001, against the defendant who is the president ofMorgan, named Simmons. He had been performing very well, and due to that, he was alsopromoted to a general manager of the Chicago branch of the company in January 2008. But lateron, it was found by the defendant that plaintiff was suffering from HIV positive for the past tenyears and which he had never disclosed to anyone in the company. On knowing this, thedefendant had terminated the plaintiff, the very next day on the grounds of his disability. Theplaintiff had filed an ADA CLAIM upon his termination on the basis of disability.As per ADA rules and under the provisions of amendments made in ADA, the court held itsdecision in favor if the plaintiff considering that the plaintiff in the given case fell into thecategory of “being regarded as having such an impairment” even though there was no disabilityas such to limit a major life activity (McCoy, 2014). The court was of the opinion that theplaintiff had satisfied the term disability under the definition of ADA Claim and thus histermination was considered to be as discriminative (on the basis of his disability) on the part ofthe defendant.Case Questions1.Did Horgan’s complaint establish a disability under the first prong of the Act’sdefinition of disability?
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