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District Court Rules “Regarded As” Claim Can Be Raised Even If Actually Disabled

June 24, 2013
Source: Lexology

In Butler, a state trooper alleged he was “regarded as” disabled by his employer, who allegedly thought he had obsessive compulsive disorder and germaphobia. He claimed he was placed on involuntary leave, subjected to an excessive fitness-for-duty exam, and denied overtime opportunities. The defendant employer denied the allegations and asserted the “direct threat” defense. It sought discovery of the plaintiff’s psychiatric records and moved to compel production when the employee objected to the requests. The court denied the motion to compel and made several interesting pronouncements.

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