News & Analysis as of

Reasonable Accommodation Disability Discrimination ADAAA

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

by 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

Site-Specific Disability?

by Sherman & Howard L.L.C. on

Does the ADAAA allow an employee to claim that she is disabled-in-a-particular-place or with-a-particular-supervisor, and otherwise not disabled? A California federal court judge opened the door to such claims by denying...more

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

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

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

by 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

Fourth Circuit Says Social Anxiety Disorder Is ADA Disability

The ADA Amendments Act substantially broadened the definition of protected disabled persons under federal law. Prior to ADAAA, federal courts routinely dismissed disability discrimination claims on the basis that the claimed...more

50 For 50: Five Decades Of The Most Important Employment Discrimination Decisions - Number 45: What Is A Disability?

by Hirschfeld Kraemer LLP on

Ever since disability discrimination became illegal, the most pressing question has been how to define a disability. One of the first issues the courts faced was how to deal with disabilities that could be corrected with...more

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

by 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

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