An employee's disability discrimination claim failed where she merely alleged that a co-worker "regarded her" as disabled.

The plaintiff filed a lawsuit alleging that her co-worker's one-time use of a pejorative term with respect to her supported a "regarded as" disability discrimination claim. Specifically, the plaintiff—who is not disabled—alleged that her co-worker commented that she is "freaking retarded" in connection with a sales contract she was working on. The plaintiff, who has two relatives with learning disabilities, was offended by the comment, complained to management and later resigned. In dismissing the claim, the court expressly noted that the plaintiff is required to prove "[t]hat her employer believed she was disabled or limited in her ability to work" but that the plaintiff's only evidence was that a co-worker made one comment regarding her. Moreover, the court further rejected the plaintiff's hostile work environment claim because she was required to demonstrate that she was actually disabled in order to sustain such a claim.

Case Law Alert - 1st Quarter 2013