Jackson Lewis: Connecticut Appellate Court Rejects State Law Claim for "Regarded As" Physically Disabled Discrimination | Practical Law

Jackson Lewis: Connecticut Appellate Court Rejects State Law Claim for "Regarded As" Physically Disabled Discrimination | Practical Law

This Law Firm Publication by Jackson Lewis LLP discusses the Connecticut Appellate Court's decision in Desrosiers v. Diageo, ruling that a claim for discrimination based on a perceived physical disability does not exist in Connecticut. The Court resolved inconsistencies between state court decisions on this issue. The Court noted that the definition of "physically disabled" in the Connecticut Fair Employment Practices Act (CFEPA) contains no language that supports an interpretation that it covers those who may be regarded as physically disabled by their employers. However, the definition of ''mental disability,'' does use the phrase ''regarded as'' in its definition. After examining the definition of ''physically disabled,'' the court concluded that CFEPA is clear and unambiguous in that it does not cover claims of discrimination based on a perceived physical disability.

Jackson Lewis: Connecticut Appellate Court Rejects State Law Claim for "Regarded As" Physically Disabled Discrimination

by Jackson Lewis LLP
Published on 15 Aug 2012Connecticut, United States
This Law Firm Publication by Jackson Lewis LLP discusses the Connecticut Appellate Court's decision in Desrosiers v. Diageo, ruling that a claim for discrimination based on a perceived physical disability does not exist in Connecticut. The Court resolved inconsistencies between state court decisions on this issue. The Court noted that the definition of "physically disabled" in the Connecticut Fair Employment Practices Act (CFEPA) contains no language that supports an interpretation that it covers those who may be regarded as physically disabled by their employers. However, the definition of ''mental disability,'' does use the phrase ''regarded as'' in its definition. After examining the definition of ''physically disabled,'' the court concluded that CFEPA is clear and unambiguous in that it does not cover claims of discrimination based on a perceived physical disability.