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EEOC Loses Disability Bias Suit Over Worker’s Future Ebola Risk

Sept. 12, 2019, 7:59 PM

The EEOC can’t pursue discrimination claims for a massage therapist who was fired for refusing to cancel a trip to Ghana because her employer feared she would contract the Ebola virus, the Eleventh Circuit ruled Sept. 12.

The Americans with Disabilities Act doesn’t protect against discrimination based on the perception of a potential future disability, the court said on an issue of first impression. A worker must instead be actually disabled, have a record of a disability, or be perceived by her employer to have a current disability, the court said.

STME LLC, which owns the Tampa, Fla., Massage Envy ...

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