The ADA Amendments Act was passed in 2008 and became effective in 2009. Only now are we seeing cases interpreting those important changes. One significant change concerns the “regarded as” claim. The old ADA protected persons who were fired because they were “regarded as” disabled. But, the old ADA also required that to merit that
Obesity is sometimes referred to as a growing epidemic. There is more obesity today. But, obesity in itself does not rise to the level of a disability, according to a recent Eighth Circuit Court of Appeals decision. In Morriss v. BNSF Railway Company, No. 14-3858 (8th Cir. 4/5/2016), the plaintiff was 5’10” and weighed
The Fifth Circuit reversed a summary judgment, but the district court ruling was by Judge Lynn Hughes in Houston. So, perhaps that is not so surprising, after all. I have written about Judge Hughes before here and here. In the case of Cannon v. Jacobs Field Services North America, Inc., No. 15-20127 (5th
The ADA Amendments Act was passed in 2009. Since then, courts have addressed more fundamental questions about disability claims, such as what are the essential functions of a job and how can they be accommodated? On one such case, Perez v. Sprint/United Management Co., 2013 WL 6970898, No. 12-CV-3161 (N.D. Ga 12/19/2013), the court
Is attendance at one’s job an "essential function" of the job? That is a critical issue if a worker encounters illnesses and treatment that require time away from work. If everyday attendance is required for every job, then an injured worker who needs time off would not be protected by the ADA. Because, that
In a recent opinion, the Fourth Circuit Court of Appeals has found that a sufficiently severe temporary impairment may constitute a disability under the Americans with Disabilities Act, as amended. Carl Summers hurt himself on the job. He was carrying a large bag and injured both legs. With a torn meniscus and a leg fracture
Judge Montalvo issued a decision for the Western District of Texas regarding the Americans with Disabilities act. In Molina v. DSI Renal Inc., 2012 WL 29348 (W.D.Tex. 1/4/12) the court deneid the employer’s motion for summary judgment. The case was filed under the Texas Commission on Human Rights act, but the court interpreted based on
The ADA was amended substantially in 2009. See prior discussion here. With the new ADA in place, disability cases will be more about the accommodation process and less about whether a person is disabled. Workplace Prof discusses a case that sheds some light on the accommodation process. An employee seeking accommodation must present his/her
Under the Americans with Disabilities Act, it is unlawful to inquire unreasonably into a person’s medical background. Under the ADA prior to the 2009 amendments, a person whose disability was controlled by treatment was not considered disabled. So, what happens when a person with controlled epilepsy is asked about his medications and then is rejected?
The new regulations for the Americans with Disabilities Act have been proposed. The EEOC promulgates those regs and seeks public comment before making them final. You can view the new regs at this website. These regs are based on the ADA Amendments Act which was passed last year. Among other changes, they list new