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Introduction to the
Americans with Disabilities Act (ADA)

Other types of ADA claims - Disability harassment

Some plaintiffs have sued alleging they were subjected to a hostile work environment based on their disability.  Several circuits have recognized that a disability harassment claim is cognizable under the ADA. Other circuits have assumed, without deciding, that a claim is cognizable under the ADA.  The following circuits have decided that a plaintiff can sue for disability harassment:

Fox v. General Motors Corp., 247 F.3d 169, 175-77 (4^th Cir. 2001); Flowers v. Southern Reg'l Physician Servs., Inc., 247 F.3d 229, 232-35 (5^th Cir. 2001); Shaver v. Independent Stave Co., 350 F.3d 716 (8^th Cir. 2003).

The following circuits have assumed, without deciding, that a plaintiff can sue for disability harassment:

Rivera-Rodriguez v. Frito Lay Snacks Caribbean, A Div. of Pepsico P.R., Inc., 265 F.3d 15, 23 (1st Cir. 2001); Walton v. Mental Health Ass'n of Southeastern Pennsylvania, 168 F.3d 661 (3d Cir. February 23, 1999).  Silk v. City of Chicago, 194 F.3d 788 (7th Cir. 1999); Cannice v. Norwest Bank Iowa N.A., 189 F.3d 723 (8th Cir. 1999).

What does it mean that court assumed, without deciding?  The court looked at the evidence of harassment and decided that even if such a cause of action exists under the ADA, the evidence in this particular case was not sufficient to make out a claim for harassment.

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