FACT OR FICTION: There is such a thing as a reverse-disability claim?

That’s right folks. It’s time for another edition of “Fact or Fiction” a/k/a “Quick Answers to Quick Questions” a/k/a QATQQ f/k/a “I don’t feel like writing a long blog post.”

Try this one for size, folks.

In this case, an employee argued that her former employer retaliated against her, by terminating her for complaining about the favorable treatment a co-worker with a special needs child received.

Oh, for the love of God, please let the answer to today’s “Fact or Fiction” be the latter.

Pretty please…

The ADA prohibits an employer from discriminating against an a qualified individual (i.e., a disabled individual who can perform the essential functions of her job with or without a reasonable accommodation). However, if you are not disabled, you’re not covered under the ADA.

Indeed, the ADA provides that “[n]othing in this chapter shall provide the basis for a claim by an individual without a disability that the individual was subject to discrimination because of the individual’s lack of disability.”

Therefore, an individual who gets all bent out of shape because her employer shows compassion toward employees with disabilities (or employees who have children with disabilities), has no claim under the ADA.

The answer to today’s question is fiction.

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