Roman-Oliveras v. PR Elec. Power Auth., No. 09-1503 (1st Cir. 2011)
Annotate this CasePlaintiff worked for the authority for 22 years while receiving treatment for schizophrenia, a condition diagnosed more than 30 years earlier. He received excellent evaluations. He claims that, beginning in 2005, his supervisors made plaintiff's life difficult in retaliation for his union activities. In 2006, plaintiff was barred from working until evaluated by a psychiatrist and was not allowed to work, even after a satisfactory report was received. The district court dismissed all claims. The First Circuit affirmed in part. The complaint did not articulate due process violations to support claims under 42 U.S.C. 1983. The court vacated dismissal of an Americans with Disabilities Act 42 U.S.C. 12101-12213 claim. Although the complaint did not allege that schizophrenia substantially limited any aspect of plaintiff's life, the allegations did support a claim that the employer regarded him as substantially impaired in either a class of jobs or a broad range of jobs in various classes, as compared with the average person having comparable training, skills, and abilities. Cases against the supervisors were properly dismissed; the Act reaches only the conduct of employers and does not impose liability on co-workers.
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