major life activity
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Is Asthma a disability under the ADA? Good question.
Employers and others covered by the ADA, FHA and other laws prohibiting disability discrimination often want to know whether this or that medical condition is a disability. A pair of decisions from the Sixth Circuit, both decided in the last month, explain why there may not be an unequivocal answer. Continue reading
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Obesity and the ADA: Who is disabled and when does it matter?
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 Continue reading
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Disabled? Compared to whom? Measuring ADA disabilities
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 Continue reading
