In the case of Horgan v. Simmons, Kenneth Horgan the plaintiff sued his employer/Supervisor Timothy Simmons for discriminating against him because of his HIV status. Horgan was working as a sales manager for Morgan Services in February 2001. Horgan knew of his HIV status for about ten years, but only his close friends were aware of his situation. He was promoted to general manager of Morgan Services Facility located in Chicago In January 2008 which is where he worked under the company’s president, Timothy Simmons. Simmons requested to meet with Horgan on what he referred to as a “Social visit”. On the social visit, Simmons pressed the plaintiff into telling him what was wrong with him physically or emotionally. Horgan told Simmons about his condition but Simmons questioned whether or not Horgan could do his job …show more content…
Additionally, Plaintiff claims that Simmons told him “that a General Manager needs to be respected by the employees and have the ability to lead,” and indicated that he “did not know how [Plaintiff] could lead if the employees knew about his condition” (Twomey, 2013, p. 569). After finding out about Horgan HIV Status, Simmons terminated the plaintiff’s employment the next day. The plaintiff argued that the defendant fired him as a result of his disability under the American with Disabilities Act (ADA) Section forty-two of the U.S. constitution. Also, the plaintiff claims that under the Illinois State Law section thirty-one, the defendant invaded his privacy by pressing him into telling him about his condition and questioning his health. The defendant claims that the HIV status did not stop the plaintiff from doing major life activities. Therefore, Horgan cannot claim disability under ADA. In the end, the court decided that the plaintiff’s claims were valid. This court finds that such allegations are sufficient to plausibly suggest that plaintiff was terminated because Defendants regarded his HIV positive status as an impairment (Twomey,