I read two items about dead people today. First, I read this post by Marjorie Johnson about a woman in Alabama who died after the EEOC issued her a right-to-sue letter. She died before a complaint was filed in her name, but the complaint was allowed to proceed (I assume with her estate substituted in as the plaintiff).
Next, I read in the ABA Journal Weekly about a man who tried to reverse a judicial determination that he was dead — and failed! This was in Ohio. In California, pursuant to Evidence Code § 667, “[a] person not heard from in five years is presumed to be dead.” However, it’s a rebuttable presumption and walking into court with identification seems like a fine way to rebut it.
Back to today’s question: Is being dead a disability? Since it’s a condition that affects one or more body systems and limits multiple major life activities, it satisfies the definition. But unless the job in question is incredibly easy, there’s probably not a reasonable accommodation that enables a dead person to perform the essential functions. So there’s no legal need for your organization to go out and hire dead people. Quite a relief, I know.