Answer to Question 1
F
Answer to Question 2
Yes. An individual meets the requirement of being regarded as having such an impairment if the individual establishes that he or she has been subjected to an action prohibited under the ADA because of an actual or perceived physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity. Here, Horgan alleges that when he told Simmons that he was HIV positive, Simmons asked how he could ever perform his job with his HIV positive condition and how he could continue to work with a terminal illness.. In addition, Simmons allegedly told Plaintiff that a General Manager needs to be respected by the employees and have the ability to lead and that Simmons did not know how he could lead if the employees knew about this condition.. The next day, Plaintiff alleges that he was terminated. The court determined that such allegations are sufficient to plausibly suggest that Horgan was terminated because Defendants regarded his HIV positive status as an impairment.
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