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H ORGAN V . SIMMONS U NITED S TATES D ISTRICT C OURT FOR THE N ORTHERN D ISTRICT OF I LLINOIS 704 F. SUPP . 2 D 814 (N.D.I LL . 2010).[Kenneth Horgan alleged in his complaint that he was HIV positive and kept his status confidential until his supervisor pressed him about his medical condition. When he told the supervisor of his condition, he was terminated the next day. Horgan claimed that he was unlawfully terminated because of his disability under the ADA. The court ’ s decision set forth here deals with the employer ’ s motion to dismiss the claim, asserting that Horgan was unable to show a protected disability under the ADA. ] CASTILLO, J ... . Plaintiff has been diagnosed as HIV positive for the past ten years, but kept his status confidential, disclosing his medical condition only to his close friends. In February 2001, he began working for Morgan, a linen and uniform rental services company, as a sales manager in Los Angeles. In January 2008, Defendants promoted him to General Manager of the Chicago facility. Plaintiff claims that his HIV positive status never interfered with his ability to perform the essential functions of his job and that he “ has always met or exceeded Morgan ’ s legitimate expectations. ” Specifically, in 2009, Plaintiff claims he brought in a lucrative account with the company ’ s “ biggest customer in the country. ” Simmons is Morgan ’ s president and was Plaintiffs supervisor in Chicago. On July 15, 2009, Plaintiff alleges that Simmons asked to meet with him for what Simmons termed a “ social visit. ” During their visit, Plaintiff alleges that Simmons “ told plaintiff that he was really worried about him. ” When Plaintiff responded by discussing his work performance, Plain-tiff claims that Simmons cut him off saying “ this is not about results. ” Plaintiff alleges that Simmons then “ demanded ” to know what was going on with him, telling Plaintiff that “ if there was something medical going on, he needed to know. ” Plaintiff insisted that there was nothing that affected his ability to work. However, Plaintiff claims that Simmons continued to insist there was something physical or mental that was affecting Plaintiff. ” Plaintiff claim he was “ compelled to tell Simmons that he was HIV positive, ” but he assured Simmons that his status did not affect his ability to do his job. Plaintiff alleges that Simmons then asked him about his prognosis. Plaintiff responded that “ he had been HIV positive for a long time and that the condition was under control and that his T-cell count was over 300. ” Next, Plaintiff alleges that Simmons asked “ what would happen if his T-cell count went below 200, ” and Plaintiff replied that he would then have AIDS. After urging Plaintiff to inform his family about his condition, Plaintiff alleges that Simmons asked him “ how he could ever perform his job with his HIV positive condition and how he could continue to work with a terminal illness. ” Additionally, Plaintiff claims that Simmons told him “ that a General Manager needs to be respected by the employees and have the ability to lead, ” and indicated that he “ did not know how Plaintiff could lead if the employees knew about his condition. ” Simmons allegedly ended the meeting by telling Plaintiff that he needed “ to recover ” and that he should “ go on vacation ” and “ leave the plant immediately. ” Simmons then told Plaintiff that he would discuss the situation with Morgan ’ s .Thenext day, Plaintiff alleges that he received a copy of an email sent to all general managers and corporate staff indicating that “ effective immediately ” Plaintiff was “ no longer a member of Morgan . ” ...
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