EEOC-INITIATED LITIGATION: CASE LAW DEVELOPMENTS IN 2011 AND TRENDS TO WATCH FOR IN 2012 PART I

The EEOC, on behalf of Walter Watson, a former employee of the employer, filed an action alleging discrimination and retaliation in violation of the ADA. Watson was diagnosed with HIV in 1999, and began working as a truck driver for the employer in 2002. The EEOC claimed that the employer asked the truck driver trainees to sign acknowledgements that informed them that the trainer suffered from a communicable health condition, allegedly causing Watson stress and requiring him to take a leave of absence. On appeal, the Tenth Circuit affirmed the district court's decision. It noted that although the employer required potential trainees to sign an acknowledgement form, it did not deny Watson the opportunity to become a trainer, demote him, or reassign him due to his HIV status. The court found that the reasons for the training demotion were legitimate and non-discriminatory.