Velez v. Il Fornanio (America) Corporation, 2018 WL 6446169, at *1 (S.D. Cal. Dec. 10, 2018) provides a perfect case study in the problems that arise when mental impairments give rise to physical impairments and both give rise to an ADA claim. The opinion isn’t long, but it deserves a careful look since obesity is on the rise and may represent the next frontier in disability rights litigation. More
In Winston Groom’s “Forrest Gump” a young man with a significant intellectual impairment manages to accomplish great things through a combination of luck, determination, and insistent loyalty to his friends and family. Was he disabled as that term is defined under the ADA? An April 11 decision from the Easter District of Pennsylvania reminds us how complex a disability determination can be. It also highlights a persistent question with intellectual and other mental impairments: If hard work and character allow someone to overcome their limitations, is that person really disabled? Bibber v. National Board of Osteopathic Medical Examiner, Inc., 2016 WL 1404157 (E.D. Penn. April 11, 2016). More
