Thursday, December 09, 2004

Certified Question. The Second Circuit has certified the following questions to the Supreme Court of Connecticut:

What is the correct interpretation of "chronic" disabilities under the Connecticut Fair Employment Practices Act (the "Act")?

At what point, in relation to the act of discrimination complained of, must a disability qualify as "chronic" to support recovery under the Act?

If the Act applies only to disabilities that are "chronic" at the timie of the alleged act of discrimination, is evidence of the progression of an illness or injury after the alleged act of discrimination probative of whether that disability was in fact "chronic" when the alleged act of discrimination occurred?

The case involved a worker who was laid off and claimed that he was the victim of discrimination under the Act and the Americans with Disabilities Act.

The decision in Caruso v. Siemens Business Communication Systems, Inc. can be found here.

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