3. Horgan v. Simmons. Employment Laws. Case summary: Ho

Added on -2019-09-16

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HORGAN V. SIMMONSEmployment Laws
1Case summary: Horgan v. Simmons This case was filed in the district court of United States by the plaintiff, Kenneth Horgan, who had beenworkingas a sales manager in Los Angeles, for Morgan, a linen, and uniform rental Services Company, since February 1, 2001, against the defendant who is the president of Morgan, named Simmons. He had been performing very well, and due to that, he was also promoted to a general manager of the Chicago branch of the company in January 2008. But later on, it was found by the defendant that plaintiff was suffering from HIV positive for the past ten years and which he had never disclosed to anyone in the company. On knowing this, the defendant had terminated the plaintiff, the very next day on the grounds of his disability. The plaintiff 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 its decision in favor if the plaintiff considering that the plaintiff in the given case fell into the category of “being regarded as having such an impairment” even though there was no disability as such to limit a major life activity (McCoy, 2014). The court was of the opinion that the plaintiff had satisfied the term disability under the definition of ADA Claim and thus his termination was considered to be as discriminative (on the basis of his disability) on the part of the defendant.Case Questions 1.Did Horgan’s complaint establish a disability under the first prong of the Act’s definition of disability?

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