The U.S. Court of Appeals for the Second Circuit ruled recently that a qualified individual with a disability could bring a claim under the Americans with Disabilities Act (ADA) for a hostile work environment.
The ruling by the appeals court in Fox v. Costco Wholesale Corporation reverses a federal trial court decision finding that the plaintiff could not meet his burden of proof in bringing such a claim. In finding that the plaintiff had indeed provided enough evidence to continue his case, the Second Circuit for the first time explicitly recognized the ability of a plaintiff to bring a hostile environment harassment claim under the ADA, thus bringing the court into line with the Fourth, Fifth, Eighth, and Tenth Circuits.
A copy of the Second Circuit’s opinion is available online.
Members of the Center for Workplace Compliance (CWC) can read more here.