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Americans with Disabilities Act (ADA) › Disability › Dismissals

Parker Poe Adams & Bernstein LLP

Minor Medical Conditions Can Be Dismissed in Disability Lawsuits

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In 2008, Congress amended the Americans with Disabilities Act (ADA) to expand the definition of protected medical conditions under the statute. The amendments were in part a response to a series of cases where federal courts...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Transferring an Employee Is ADA Accommodation of Last Resort

Parker Poe Adams & Bernstein LLP on

If disabled employees are no longer able to perform the essential functions of their job even with reasonable accommodation, under the Americans with Disabilities Act the employer must consider transferring the workers to an...more

Parker Poe Adams & Bernstein LLP

Ninth Circuit Finds Obesity a Protected Disability Under State Law

Parker Poe Adams & Bernstein LLP on

In recent years, a number of federal courts have drawn differing conclusions with regard to whether obesity is a protected disability under the Americans with Disabilities Act. While some courts have reached this conclusion,...more

Parker Poe Adams & Bernstein LLP

ADA Does Not Protect Against Fear of Future Disability

Parker Poe Adams & Bernstein LLP on

The Americans with Disabilities Act not only provides protections for disabled persons but also those “regarded as” having a disability, even if they are healthy. On September 12, the Eleventh Circuit Court of Appeals (which...more

Fisher Phillips

12 Months of Additional ADA Leave Not Reasonable, Court Says - Three Lessons to Be Learned From 1st Circuit Decision

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A federal appellate court recently ruled that an employee’s request for 12 months of additional medical leave was not reasonable, and thereby upheld the dismissal of her Americans with Disabilities Act (ADA) lawsuit against...more

McAfee & Taft

Appeals court rules diagnosed mental impairment not proven to be actual disability

McAfee & Taft on

As many employers know, the ADA Amendments Act of 2008 (ADAAA) broadened the scope of who may be considered disabled under the Americans with Disabilities Act (ADA). Indeed, through the ADAAA, Congress sought to make it...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

Parker Poe Adams & Bernstein LLP

Second Circuit Upholds Employers' Use of Effective ADA Accommodation Over "Perfect" One Sought by Employee

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Title I of the Americans with Disabilities Act requires employers to provide reasonable accommodations for employees with disabilities in order for them to perform the essential functions of their jobs. Employers and...more

BakerHostetler

Washington (State) District Court Dismisses Putative ADA Class Action

BakerHostetler on

As we’ve commented before, disability claims are particularly poor fodder for class actions. Unlike other protected traits, there are often threshold questions as to whether an individual is even in a protected class. Even in...more

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

Permanent “Light-Duty” Position Not Reasonable Accommodation for Disabled Employee Under the ADA

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

In an unpublished opinion, the Sixth Circuit Court of Appeals recently upheld the dismissal of a case in favor of an employer who refused to convert a temporary light-duty position into a permanent job for a disabled...more

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