Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherAbout the NetworkJoin the NetworkProductsSub-MenuProducts OverviewBlog ProBlog PlusBlog PremierMicrositeSyndication PortalsAbout UsContactSubscribeSupport
Book a Demo
Search
Close

Sensitivity to Electromagnetic Voltage Not a “Disability” Under the Americans With Disabilities Act

By Alessandro G. Villanella on April 21, 2017
Email this postTweet this postLike this postShare this post on LinkedIn

The Seventh Circuit Court of Appeals affirmed the grant of summary judgment dismissing a former employee’s claim that he was terminated because of his purported disability, “sensitivity to electromagnetic voltage.”  Hirmiz v. New Harrison Hotel Corp., Docket No. 16-3915 (7th Cir. Apr. 6, 2017).  The Court held that “sensitivity to electromagnetic voltage” was not a condition protected by the Americans with Disabilities Act (“ADA”) because it was not an impairment that “substantially limited” any of his “major life activities.”  The case was limited to that issue under the ADA because claimant did not try to establish protection by other ADA protections, i.e., a “record” of an impairment or being “regarded as” disabled by the employer.

This decision, particularly the Court’s note about the “regarded as” prong of the ADA definition of protected conditions, should serve as a reminder to employers that, even though an employee may not be suffering from a condition that technically is covered by the ADA, an employer’s perception that an employee has a disability can be sufficient for a disability claim to survive dismissal. While the plaintiff in this particular case did not put forth evidence that he was “regarded” as disabled, the court nonetheless considered that possibility in determining whether dismissal was appropriate.  The “regarded as disabled” prong of the ADA often is implicated in cases where an employee is discharged because of perceived psychological issues (even if the underlying psychological issue is not diagnosed or does not otherwise “substantially limit a major life activity”).  Accordingly, employers should avoid making such determinations and instead base all employment related decisions on legitimate business reasons unrelated to any actual or perceived disability and appropriately obtained medical documentation.

Photo of Alessandro G. Villanella Alessandro G. Villanella
Read more about Alessandro G. VillanellaEmail
  • Posted in:
    Employment & Labor
  • Blog:
    The EPL Advisor
  • Organization:
    Jackson Lewis P.C.
  • Article: View Original Source

Have questions? Call 1-800-913-0988 or email sales@lexblog.com.
Facebook LinkedIn Twitter RSS
  • About LexBlog
  • Our Beliefs
  • Our Team
  • Careers
  • Press
  • Contact LexBlog
  • Privacy Policy
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • RSS Terms of Service
  • Syndication Terms of Service
  • Blog Pro
  • Blog Plus
  • Blog Premier
  • Microsite
  • Syndication Portals
  • LexBlog Community
  • Submit a Request
  • Support Center
  • System Status
  • Resource Center
  • Blogging 101
Copyright © 2025, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo