1st Circuit Leaves For Another Day Question of Whether Hostile Work Environment Claim Is Viable Under the ADA

In Rocafort v. IBM, the 1st Circuit affirms a summary judgment on an ADA claim brought by an individual who suffered anxiety attacks, including the fear that he was going to be terminated on his return to work. He also sought to raise a hostile environment claim. Saying the law was unsettled in the 1st Circuit on that issue, the court rather than addressing it found Rocafort had waived it by not raising it below. For those who might see this as just another case where the employer wins an ADA case, should review the facts carefully for the efforts, time and expense that IBM spent on an employee who was certainly not being productive.