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Americans with Disabilities Act (ADA) › Reasonable Accommodation › Burden of Proof

Fisher Phillips

Federal Appeals Court Says Extreme Obesity Alone Is Not Enough For ADA Coverage

Fisher Phillips on

A federal Court of Appeals just ruled that extreme obesity not caused by an underlying physiological disorder or condition does not qualify as an impairment under the ADA. Under the 7th Circuit’s June 12 ruling, proof that...more

Parker Poe Adams & Bernstein LLP

Failure to Explain Inconsistency Between SSDI Application and ADA Claims Results in Dismissal

Parker Poe Adams & Bernstein LLP on

In its Cleveland v. Policy Mgmt. Syst. decision, the U.S. Supreme Court said that an application for Social Security Disability Insurance (SSDI) benefits does not automatically kill a plaintiff’s contemporaneous assertion...more

Parker Poe Adams & Bernstein LLP

Ninth Circuit Says Employee Bears Burden at Trial of Proving Available ADA Accommodation

Parker Poe Adams & Bernstein LLP on

We typically avoid reporting on cases that involve procedural issues primarily of interest to trial lawyers. However, once in a while, a procedural decision can have significant impacts on how employers structure their human...more

Obermayer Rebmann Maxwell & Hippel LLP

One Bite, Two Apples: Third Circuit Confirms That Requests For Leave Under the FMLA Can Simultaneously Qualify As A Request For A...

Obermayer Rebmann Maxwell & Hippel LLP on

The interplay between the Family and Medical Leave Act (“FMLA”) and the Americans with Disabilities Act (“ADA”) is an area of confusion for most employers. This confusion is understandable as both statutes serve distinct...more

McAfee & Taft

Revisiting the direct threat defense under the ADA

McAfee & Taft on

One of the defenses available to an employer under the Americans with Disabilities Act (ADA) is the idea that an accommodation of a qualified individual with a disability cannot be made when the employee poses a “direct...more

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