Anorexia-disability or not?

Steve48

The article in the HR Hero Line newsletter sent out 10/28/05 dealt with the question of whether anorexia meets the definition of "disability" under the ADA. Not discussed, however was whether there was a determination that the plaintiff suffered an adverse employment action because of her disability. This was the orthodontic assistant who resigned her job to work for another orthodontist and then changed her mind. Her former employer refused to reinstate her because he had hired her replacement. I suppose if the definition of disability was not met, the question of adverse employment action is moot. I wonder, though, by what reasoning it might otherwise have been considered an adverse employment action if her former employer declined to rehire her when a) she left voluntarily and b) her replacement had already been hired.

LarryC

I'm sure some demented plaintiff's lawyer could figure out a way to call it an adverse employment action.

System

Steve - welcome to the Forum! I think you're right that the court never considered the issue of adverse action once it decided there was no disability.

Larry - the legal description would be failure to protect her from her own decisions. #-o

James Sokolowski
HRhero.com