A federal district court in Texas rejects the claim of an ex-employee that her termination for being a registered sex offender constituted a disability under the Americans with Disabilities Act.
According to the court, the ex-employee alleged that she was fired in violation of the ADA because her “status as being listed on a sex offender registry represents an impairment in the significant life activity of work.” The court says: “Being a registered sex offender is not ‘a mental or physical impairment.’ [citation omitted] And although [the company] has a policy against hiring registered sex offenders, there are many jobs for many employers that [the claimant] is fully capable of performing. To be disabled from working under the ADA requires an inability to work in a broad class of jobs or in different classes of jobs, not merely an inability to work for a particular employer.” Vlasek v. Wal-Mart Stores, Inc.