Roe v. Cheyenne Mountain ConferenceResort (1997)

By Ty'kie Singleton

Overview 

This memorandum provides a summary of the Tenth Circuit Court of Appeals' decision in Roe v. Cheyenne Mountain Conference Resort, Inc. This case is crucial for understanding employer obligations under the Americans with Disabilities Act (ADA), particularly regarding the limits on employer medical inquiries and the concept of being "regarded as" having a disability. The ruling clarified when an employer's actions, based on a perceived health condition, can trigger ADA protections, even if the employee does not have an actual disability. 

Summary 

In this case, the plainti, referred to as Roe, was employed by the Cheyenne Mountain Conference Resort. Following a routine physical examination required by the employer, Roe received a positive test result for HIV. Upon learning of this, the employer demanded access to Roe's complete medical records related to the HIV diagnosis. Roe declined to provide these records, citing privacy concerns. Subsequently, the employer terminated Roe's employment. Roe then initiated legal action, alleging violations of the ADA, asserting that the employer's demand for medical records constituted an unlawful inquiry and that the termination was based on a perceived disability. 

The Tenth Circuit was tasked with resolving two primary legal questions: rst, whether the employer's request for Roe's medical records constituted an impermissible medical inquiry under the ADA; and second, whether there was sucient factual dispute to allow a jury to determine if the employer regarded Roe as disabled, thereby entitling Roe to ADA protections. 

The Tenth Circuit Court of Appeals overturned the lower court's decision, which had granted summary judgment in favor of the employer. The appellate court concluded that the employer's demand for Roe's medical records could indeed be found to be an unlawful inquiry under the ADA. Furthermore, the court found that there was adequate evidence presented to establish a genuine issue of material fact regarding whether the employer perceived Roe as disabled, thus making summary judgment

inappropriate. 

The court's rationale was rooted in the ADA's stringent rules governing employer medical examinations and inquiries. The ADA generally restricts employers from asking about an employee's disability or requiring medical examinations unless such actions are directly related to the job and are a business necessity. The court determined that the employer's broad request for Roe's medical records, solely based on an HIV positive test, did not satisfy this "job-related and consistent with business necessity" criterion. Additionally, the court examined the "regarded as" prong of disability under the ADA. It reasoned that an employer's actions, such as demanding medical records related to a specic health condition and then terminating employment when those records are not provided, could reasonably lead a jury to infer that the employer believed the employee had an impairment that substantially limited a major life activity. This could be the case even if the employee did not, in fact, have such a limitation. The employer's conduct implied they viewed Roe's HIV status as a disqualifying condition. 

Roe v. Cheyenne Mountain Conference Resort stands as a pivotal case for clarifying employer responsibilities and limitations under the ADA. It reinforced that employers are prohibited from making overly broad or irrelevant medical inquiries of their employees, even when they possess some information about a potential health issue. The ruling also highlighted the critical role of the ADA's "regarded as" disabled provision, underscoring that an employer's perception of an impairment, when it leads to adverse employment actions, can trigger ADA protections, irrespective of the employee's actual disability status. This case served as an important reminder for employers to meticulously review their policies and practices concerning employee medical information to ensure full compliance with federal anti-discrimination laws. 

Impact 

Roe v. Cheyenne Mountain Conference Resort stands as a pivotal case for clarifying employer responsibilities and limitations under the ADA. This ruling signicantly shaped the interpretation of two key aspects of the ADA: employer medical inquiries and the "regarded as" disabled provision. The case reinforced that employers are prohibited from making overly broad or irrelevant medical inquiries of their employees, even when they possess some information about a potential health issue. It underscored that such inquiries must

meet the "job-related and consistent with business necessity" standard. 

Furthermore, the ruling highlighted the critical role of the ADA's "regarded as" disabled provision. It claried that an employer's actions, based on a perceived health condition, can trigger ADA protections, even if the employee does not have an actual disability. This means an employer's perception of an impairment, when it leads to adverse employment actions, can trigger ADA protections, irrespective of the employee's actual disability status. This case served as an important reminder for employers to meticulously review their policies and practices concerning employee medical information to ensure full compliance with federal anti-discrimination laws. 

Court Documents 

Roe v. Cheyenne Mountain Conference Resort, Inc., 124 F.3d 1221 (10th Cir. 1997) 

Citations 

CaseMine. "ROE v. CHEYENNE MOUNTAIN CONFERENCE RESORT | 124 F.3d 1221 | 10th Cir. Judgment | Law | CaseMine." CaseMine, 

www.casemine.com/judgement/us/5914bc23add7b0493479aaf9. Accessed 25 May 2025. 

● FindLaw Caselaw. "ROE v. National Employment Lawyers' Association, Disability Rights Education And Defense Fund, Employment Law Center, New York Lawyers For The Public Interest, The Impact Fund, Equal Employment Opportunity Commission, Amici Curiae. (1997)." FindLaw, 

caselaw.ndlaw.com/us-10th-circuit/1004382.html. Accessed 25 May 2025. ● Studicata. "Roe v. Cheyenne Mountain Conference Resort, Inc. - Case Brief Summary for Law School Success." Studicata, 

studicata.com/case-briefs/case/roe-v-cheyenne-mountain-conference-resort-inc /. Accessed 25 May 2025.