Margaret Christian was fired by St. Anthony’s Medical Center, she claims in violation of the Americans with Disabilities Act, 42 U.S.C. §§ 12101
et seq.
She has a condition known as hypercholesterolemia, meaning an excessive amount of cholesterol in her blood (her cholesterol count is 319 milligrams, which is far above normal), and she claims that St. Anthony’s fired her because of her condition. The magistrate judge granted summary judgment for St. Anthony’s, precipitating this appeal. A number of issues are
The plaintiff claims that this is her situation, that she was fired because the defendant anticipated that she would undergo a disabling treatment — namely pheresis (or aphereisis), in which the blood is drained from the patient’s body, cleansed of its cholesterol, and put back into the patient. This treatment, which would have continued for the rest of the plaintiffs life, would have required the defendant to allow the plaintiff to take an extra day or two off each month to undergo the treatment.
If Christian’s employer fired her because the indicated medical treatment for her condition would have required that she have this extra time off, the employer would be violating the ADA, at least prima facie, though we wish to note two qualifications. The first is that the disabling treatment be truly necessary, and not merely an attractive option. For suppose a doctor tells his middle-aged patient that unless he “slows down,” his longevity will be impaired — and the patient then demands that his employer allow him to work only three days a week. The prescribed “treatment” would be disabling, all right, but it would not require an accommodation by the employer, for the condition being treated would be too vague and remote and the treatment too conjectural. Second, an anticipated disability does not trigger a duty of accommodation if what is anticipated is a consequence of the employee’s voluntary choices. It is not a violation of the Act to fire an employee who because of his known propensity to engage in recklessly dangerous activities, such as riding a motorcycle without a helmet on, has a more than average likelihood of becoming disabled.
Coming back to this case, we point out that it is extremely unlikely, to say the least, that pheresis was the indicated treatment for the plaintiffs condition. Tens of millions of Americans have high cholesterol; few have their blood drained every month — apparently none in Chicago, since the plaintiffs plan was for the required equipment to be flown in from Boston every month for her treatment. In fact, she has never undergone the treatment, and her treating physician has prescribed drugs and exercise for her, not pher-esis. It is an example of our earlier point about the difference between optional and required treatments. But this is an aside; even if it were certain that Christian’s condition required pheresis, she has no claim under the ADA.
For she does not argue that she was fired because pheresis would require her to miss some work time. She claims not to know why she was fired (she rejects the employer’s contention that it was because she falsified her time card), but conjectures that it was either because of the stigma of having a serious medical condition or because of the cost of the treatment to St. Anthony’s employee health plan. She believes in other
Suppose that the plaintiff had a skin disease that was unsightly and also very expensive to treat, but neither the disease itself nor the treatment for it would interfere with her work. And suppose her employer fired her nevertheless, either because he was revolted by her disfigured appearance or because the welfare plan that he had set up for his employees was unfunded and he didn’t want to incur the expense of the treatment that she required. Either way he would not be guilty of disability discrimination, cf.
Hazen Paper Co. v. Biggins,
Affirmed.
