A reasonable jury could determine that a plaintiff suffering from lymphoma who was not symptomatic and who had received no negative job performance evaluations was summarily discharged because his employer regarded him as disabled, the U.S. Court of Appeals for the Second Circuit held Nov. 30 (Heyman v. Queens Village Committee for Mental Health for Jamaica Community Adolescent Program Inc., 2d Cir., No. 99-7321, 11/30/99).

Robert Heyman filed suit against Queens Village Committee for Mental Health for Jamaica Community Adolescent Program Inc. (known as J-CAP) and three of its executives, claiming that his firing was a discriminatory discharge under the Americans With Disabilities Act. The district court granted summary judgment to the defendants. The appeals court vacated the judgment and remanded. Shortly after Heyman started work at J-CAP, his immediate superior, Gary McCormick, was diagnosed with lymphoma. “While McCormick often was absent from work during the ten months between his diagnosis and ultimate demise,” Judge Jose A. Cabranes wrote for the appeals court, “J-CAP took no employment action against him.”

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