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Reasonable Accommodation › ADAAA › Disability

Miller Nash LLP

Ninth Circuit Holds Temporary Conditions Can Trigger ADA Protections

Miller Nash LLP on

Just this month, the Ninth Circuit Court of Appeals held that even temporary health conditions without long-term effects may qualify as disabilities protected by the federal Americans with Disabilities Act (ADA). While this...more

Jackson Lewis P.C.

Plaintiff With PTSD Not Disabled Under The ADA, Sixth Circuit Rules

Jackson Lewis P.C. on

The Sixth Circuit’s ruling in Tinsley v. Caterpillar Fin. Servs., Corp., No. 18-5303 (6th Cir. Mar. 20, 2019) is a good reminder that not all impairments rise to the level of a “disability” within the meaning of the Americans...more

Parker Poe Adams & Bernstein LLP

Medical Evidence Not Necessary to Prove ADA Disability

Parker Poe Adams & Bernstein LLP on

Under the Americans with Disabilities Act, plaintiffs have the burden of demonstrating they have a disability that results in a significant impairment of a major life activity. Since adoption of the ADA Amendments Act (ADAAA)...more

Parker Poe Adams & Bernstein LLP

Expansive Disability Definition Applies to 'Regarded as' Disabled Claims

Parker Poe Adams & Bernstein LLP on

Ten years ago, Congress passed the ADA Amendments Act (ADAAA). The law was intended to address what legislators believed was courts’ overly strict reading of the definition of disability under the Americans with Disabilities...more

Jackson Lewis P.C.

“Regarded As” Disability Claim Does Not Require Proof Of An Employer’s Subjective Belief

Jackson Lewis P.C. on

Under the ADA Amendments Act of 2008 (“ADAAA”), an individual meets the requirement of being “regarded as” having a disability, and thus is protected from discrimination, where his or her employer believes that he or she is...more

Jackson Lewis P.C.

The “D” in the ADA Still Exists, Court of Appeals Reminds Us

Jackson Lewis P.C. on

In 2009, Congress passed the Americans With Disabilities Amendments Act (ADAAA), unquestionably expanding the definition of a disability under the ADA and, for all practical purposes in most cases, shifting the focus of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Is Obesity a Disability Under the ADA Not Without Physical Impairment Eighth Circuit Rules

Ogletree, Deakins, Nash, Smoak & Stewart,... on

Obesity does not meet the definition of a “disability” under the Americans with Disabilities Act (ADA) for either the discrimination or “regarded as” provisions of the statute, a panel of the Eighth Circuit Court of Appeals...more

Baker Donelson

Courts Cut the Fat, Clarify When Obesity is a Disability Under the ADA

Baker Donelson on

The ADA prohibits discrimination based upon actual or perceived medical disabilities and requires employers to accommodate employees with disabilities subject to certain exceptions. The ADA Amendments Act of 2008 effectively...more

Cranfill Sumner LLP

Where is the Internet?

Cranfill Sumner LLP on

Is the Internet a place? Apparently, no one’s entirely sure, but one federal appeals court has asked the California Supreme Court to figure it out in the context of a lawsuit that is pending against Cable News Network....more

Fisher Phillips

Labor Letter, February 2013: How To Weigh Obesity In Employment Decisions

Fisher Phillips on

Imagine you are the Hiring Manager for a distribution warehouse and have just begun interviewing applicants for a materials handler position. The first candidate enters the room, standing at a height of 5’4”, weighing more...more

Patterson Belknap Webb & Tyler LLP

Pregnancy Discrimination Law Update

Patterson Belknap Webb & Tyler LLP on

In an important ruling for employers, the Fourth Circuit recently underscored that the Pregnancy Discrimination Act (PDA) does not require employers to provide pregnant workers with special accommodations. Young v. United...more

Ballard Spahr LLP

University Agrees To Modify Dining Services To Accommodate Food Allergies under the ADA

Ballard Spahr LLP on

The Department of Justice (DOJ) has reached an agreement with Lesley University of Cambridge, Massachusetts, under which Lesley agreed to modify its food services and meal plan system to accommodate students with celiac...more

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