Court widens ADA scope on harassment doctrine; 'Hostile workplace' can create liability for employers.(Americans With Disabilities Act)

Business Insurance, January, 2006 by Lenckus, Dave

Byline: DAVE LENCKUS BOSTON-A federal appellate court for the first time has formally adopted the concept that employers with hostile workplaces can be held liable for damages under the Americans With Disabilities Act. The 1st U.S. Circuit Court of Appeals in Boston formally established that liability on Jan.

13 in affirming a lower court ruling against a Wal-Mart Stores Inc. facility in Puerto Rico. The lower court determined that a Wal-Mart worker was "regarded as disabled'' under the ADA when he purportedly suffered a loss of libido because of emotional problems created by years of workplace harassment over his penile implant. Prior to the 1st Circuit's ruling, several federal appellate courts had issued rulings stating they assumed that employers with...

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