Desrosiers v. Diageo North America, Inc.

Summary

Justice Palmer concurred in the majority's result and most of its analysis but disagreed that the statutory text necessarily excludes discrimination based on a perceived physical disability. He concluded that the statute reasonably can be construed to protect employees who are discriminated against because an employer believes they have a physical disability, even when they do not actually have one. The concurrence also agreed that the agency's longstanding interpretation of the statute is entitled to deference.