Stereotyping the Disabled Is Impermissible

Robert Heyman, a clinic administrator for Queens Village Committee for Mental Health (QVCMH), was fired, one month after informing QVCMH he had lymphoma, though he had no symptoms. The employer, asserting Heyman was abrasive and bigoted, fired him for poor work performance. Heyman sued under the Americans with Disabilities Act (ADA), claiming QVCMH had fabricated its criticisms of his performance to conceal that he was fired based on the organization's past experience with an employee whose performance was affected by lymphoma.

The U.S. district court held that Heyman had not established he was disabled under the ADA. 'The U.S. 2nd Circuit Court of Appeals reinstated Heyman's suit, holding that a jury could find Heyman was regarded as having a physical disability based on QVCMH's past experience with another employee. Heyman vs. Queens Village Committee for Mental Health for Jamaica Community Adolescent Program, Inc., 2nd Cir., No. 99-7321, 11/30/99.

Impact: An employer's experience with one employee with medical or psychological conditions may not impact decisions concerning another employee with a similar condition.

D. Diane Hatch, Ph.D., is a human resources consultant based in San Francisco. James E. Hall is an attorney with the law firm of Barlow, Kobata and Denis, with offices in Los Angeles and Chicago.

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