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Perceived Physical Disability A New Cause Of Action In Connecticut

Until recently, Connecticut’s employment discrimination law, unlike the federal Americans With Disabilities Act, did not recognize a claim for perceived physical disability. That is, the law did not protect those employees who were not physically disabled but were perceived or regarded by their employers as being disabled and were treated in a discriminatory manner because of that perception. The law changed on December 16, 2014. Mireille Desrosiers v. Diageo North America, Inc., 314 Conn. 773 (2014).

The Connecticut Supreme Court, in reversing the Appellate Court, held that although the express terms of Connecticut’s employment discrimination law, Conn. Gen. Stat. §46a-60(a)(1), protects only individuals who have a physical disability, the legislative history of the law, considered with Connecticut case law and the Commission on Human Rights and Opportunities’ interpretation of the law, compels the conclusion that the law also protects individuals who are regarded by their employers as having a physical disability.

The day after the decision was released, the Busca Law Firm amended a client’s complaint to add such a cause of action. The client’s claim of discrimination based on a perceived physical disability was based upon allegations of a supervisor’s comments that he did not want to hire the former employee based upon the mistaken belief that the employee had a heart condition.