News & Analysis as of September 19, 2024

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Ninth Circuit Holds Temporary Conditions Can Trigger ADA Protections

Miller Nash LLP on 5/19/2022

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

Second Circuit: ADAAA Doesn’t Cover Inability to Perform Job

Manatt, Phelps & Phillips, LLP on 3/2/2020

Joining the other federal appellate panels to consider the issue, the U.S. Court of Appeals for the Second Circuit held that the Americans with Disabilities Amendments Act (ADAAA) did not alter or erode the understanding that...more

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

Jackson Lewis P.C. on 10/2/2018

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

Alabama Court Decides An Individual With A Partially Amputated Foot Is Not Disabled Under The ADA

Jackson Lewis P.C. on 1/30/2018

The ADA Amendments Act of 2008 (ADAAA) made a number of significant changes to the definition of “disability.” Much of the change had to do with making it easier for an individual to establish that he or she has a disability...more

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

McAfee & Taft on 5/16/2017

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

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

Jackson Lewis P.C. on 2/27/2017

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

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/25/2016

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

Morbid Obesity Must Have Physiological Cause to Gain ADA Protection

Parker Poe Adams & Bernstein LLP on 4/19/2016

Since the Americans with Disabilities Act was adopted, the Equal Employment Opportunity Commission has considered morbid obesity to fall within the definition of a protected disability. Earlier this month, the Eighth Circuit...more

Obesity Not A Disability Without An Underlying Medical Cause

Foley & Lardner LLP on 4/13/2016

In June of last year, we pondered whether obesity is a mere physical characteristic or a disability protected by the Americans with Disabilities Act (ADA) as now amended by the Americans with Disabilities Act Amendments Act...more

Eighth Circuit Holds That Obesity That Is Not Caused By an Underlying Physiological Condition Is Not a Covered “Impairment” Under...

Proskauer - Law and the Workplace on 4/7/2016

In Morriss v. BNSF Railway Company, the Eighth Circuit recently held that obesity that is not caused by an underlying physiological condition is not a covered “impairment” for purposes of the Americans with Disabilities Act...more

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Hiring & Firing › Disability › ADAAA

Ninth Circuit Holds Temporary Conditions Can Trigger ADA Protections

Second Circuit: ADAAA Doesn’t Cover Inability to Perform Job

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

Alabama Court Decides An Individual With A Partially Amputated Foot Is Not Disabled Under The ADA

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

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

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

Morbid Obesity Must Have Physiological Cause to Gain ADA Protection

Obesity Not A Disability Without An Underlying Medical Cause

Eighth Circuit Holds That Obesity That Is Not Caused By an Underlying Physiological Condition Is Not a Covered “Impairment” Under...

Employee Suing Based on Withdrawn Job Offer Must Prove Disabled Status

Employers, Check Your Weight-Bias: Obesity, Disability, And The Broadened Coverage Of The ADAAA

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

Hiring & Firing › Disability › ADAAA

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