- These conditions likely would not have been covered by the ADA before the 2008 amendments. Thus, if the discrimination had occurred before 2008, the ADAAA would not apply and Gogos may have been out of luck.
- Does it matter whether Gogos’s condition can be treated with medicine? If there is effective treatment available for a disability, is that person still protected under the ADAAA?
- Was Gogos otherwise qualified for his job? Was he eligible to state a claim for relief? What form of relief might Gogos’ employer offer? Can you imagine a situation in which Gogos would not be eligible for relief?
Issue: Whether the employer violated the ADA when it fired a disabled employee, who had vision and circulatory problems caused by high blood pressure.
Facts: Gogos, a pipe welder with forty-five years experience, has taken medication to reduce his elevated blood pressure for more than eight years. He began working for AMS in December 2012 as a welder and pipe-fitter. The next month, his blood pressure spiked to “very high,” and he experienced intermittent vision loss (sometimes for a few minutes at a time). Shortly after reporting to work on January 30, 2013, Gogos discovered that his right eye was red, and he requested and received from his supervisor leave to seek immediate medical treatment for his blood pressure and ocular conditions. As Gogos left the work site, he saw his general foreman and told him that he was going to the hospital because “my health is not very good lately.” The foreman immediately fired him.
Decision: The Court of Appeals found that the employee did not exhaust his administrative remedies, and the employee had stated a plausible claim under the ADA.
