MENUMENU
  • FREE RESOURCES
  • PREMIUM CONTENT
        • SEE MORE
          PREMIUM RESOURCES
  • HR DEEP DIVES
        • Coronavirus (COVID-19) Resources for HR Professionals
          Employment Law
          Labor Law Posting Requirements: Everything You Need to Know
          Recruiting
          businesswoman selecting future employees on digital interfaces
          Recruiting Resources for HR & Hiring Managers
          Performance Management
          vector image of young female making star rating
          Performance Review Resources
          Employment Law
          Understanding Equal Employment Opportunity and the EEOC
          Recruiting
          Onboarding Resources for HR & Hiring Managers
  • CORONAVIRUS & HR

  • LOGIN
  • SIGN UP FREE

HR Morning

MENUMENU
  • FREE RESOURCES
  • PREMIUM CONTENT
        • SEE MORE
          PREMIUM RESOURCES
  • HR DEEP DIVES
        • Coronavirus (COVID-19) Resources for HR Professionals
          Employment Law
          Labor Law Posting Requirements: Everything You Need to Know
          Recruiting
          businesswoman selecting future employees on digital interfaces
          Recruiting Resources for HR & Hiring Managers
          Performance Management
          vector image of young female making star rating
          Performance Review Resources
          Employment Law
          Understanding Equal Employment Opportunity and the EEOC
          Recruiting
          Onboarding Resources for HR & Hiring Managers
  • CORONAVIRUS & HR
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • Performance Management
  • HR Technology
  • More
    • Leadership & Strategy
    • Compensation
    • Staff Administration
    • Policy & Procedures
    • Wellness
    • Staff Departure
    • Employee Services
    • Work Location
    • HR Career & Self-Care
    • Health Care
    • Retirement Plans

The latest ADA-covered activities: golf and sex

Dan Wisniewski
by Dan Wisniewski
April 11, 2014
2 minute read
  • SHARE ON

At this point, you should just assume that almost every life activity is covered under disability law, as this new case shows.  

‘Oh, you’re having surgery? You’re fired’

Anthony Mazzeo, who provided technical and sales service for Color Resolutions International (CRI), was diagnosed with a herniated disc and torn ligaments in his back, which intermittently affected his ability to walk, sit, stand, bend, run and lift objects heavier than 10 pounds.
Oh, and play golf and have sex.
In speaking with his supervisor and an HR manager, Mazzeo said that possible back surgery would require him to miss two weeks of work and have three to six months of restricted activity. At the time, his supervisor allegedly said the procedure would likely require a longer recovery period of six to eight weeks.
In February 2009, Mazzeo informed his company he’d scheduled back surgery for himself. The very next day, his manager initiated the paperwork for Mazzeo’s termination, which was handed to him two days before his surgery.

Golf and sex

Mazzeo sued, claiming a violation of the Americans with Disabilities Act.
CRI argued that Mazzeo didn’t have a case because he wasn’t actually disabled. And Mazzeo actually said during deposition that his back troubles only affected his ability to play golf and have sex.
Cut and dried, right? Nope. Mazzeo’s doctor submitted an affidavit showing that his back troubles, as mentioned, affected his ability to walk, sit, stand, bend, run and lift objects heavier than 10 pounds.
And as for that sex and golf thing? Eric B. Meyer, writing on The Employer Handbook Blog, put it best:

The implication here is that if the plaintiff’s pre-operation back trouble substantially limited his ability to [insert one of many golf double entrendres here], then he is disabled.

Turned out some of the questions asked during deposition were specifically about Mazzeo’s post-operation/post-termination status — and not about his problems beforehand. The case was sent on to trial.
Meyer also had the following takeaway for HR pros:

… if an employee comes to you requesting an accommodation for a purported disability, don’t expend a lot of brain cells contemplating whether the employee is disabled.
Instead, focus your energy on discussing with the employee what reasonable accommodation(s) will allow that employee to perform the essential functions of the job.

Get the latest from HRMorning in your inbox PLUS immediately access 10 FREE HR guides.

I WANT MY FREE GUIDES

Keep Up To Date with the Latest HR News

With HRMorning arriving in your inbox, you will never miss critical stories on labor laws, benefits, retention and onboarding strategies.

Sign up for a free HRMorning membership and get our newsletter!
  • This field is for validation purposes and should be left unchanged.
HR Morning Logo
  • Facebook
  • Twitter
  • Linked In
  • ABOUT HRMORNING
  • ADVERTISE WITH US
  • WRITE FOR US
  • CONTACT
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • HR Technology
  • Performance Management
  • Leadership & Strategy
  • Compensation & Payroll
  • Policy & Culture
  • Staff Administration
  • Wellness & Safety
  • Staff Departure
  • Employee Services
  • Work Location
  • HR Career & Self-Care

HRMorning, part of the SuccessFuel Network, provides the latest HR and employment law news for HR professionals in the trenches of small-to-medium-sized businesses. Rather than simply regurgitating the day’s headlines, HRMorning delivers actionable insights, helping HR execs understand what HR trends mean to their business.

Privacy Policy Terms of Service
Copyright © 2021 SuccessFuel

WELCOME BACK!

Enter your username and password below to log in

Forget Your Username or Password?

Reset Password

Lost your password? Please enter your username or email address. You will receive a link to create a new password via email.

Log In

During your free trial, you can cancel at any time with a single click on your “Account” page.  It’s that easy.

Why do we need your credit card for a free trial?

We ask for your credit card to allow your subscription to continue should you decide to keep your membership beyond the free trial period.  This prevents any interruption of content access.

Your card will not be charged at any point during your 21 day free trial
and you may cancel at any time during your free trial.

preloader