Desrosiers v. Diageo North America, Inc.

Summary

The dissent agrees that the statutory language does not protect individuals regarded as having a physical disability, but rejects the majority's conclusion that applying that language would produce an absurd or unworkable result. It maintains that the court must enforce the legislature's narrower distinction between actual physical disabilities and perceived physical disabilities rather than adopt what may be better public policy. The dissenting opinion would leave any expansion of protection to the legislature.