On March 6, 2019, the U.S. Court of Appeals for the Second
Circuit decided Fox v. Costco Wholesale Corporation,
eliminating any uncertainty concerning whether an employee can
assert a hostile work environment claim under the Americans with
Disabilities Act (ADA). The court's ruling is clear:
"hostile work environment claims are cognizable under the
ADA."
Background
Christopher Fox began working for Costco in 1996. He has
Tourette syndrome.
According to Fox, after a new store manager was hired in 2013,
he began receiving reprimands for various performance
issues—such as leaving the store's entrance unattended
and leaving a shopping cart in front of freezers. Costco also
received customer complaints concerning Fox. On one occasion, a
customer complained that Fox told her that she "looked
beautiful with her pocketbook." On another occasion, a
customer complained that Fox stated she was "the love of [his]
life." Fox did not deny the comments, claiming, "I
can't
