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Hoffman v. Carefirst of Fort Wayne Inc., N.D.Ind., No. 1:09-cv-00251, 8/31/10

Articles Discussing Case:

Under the ADAAA, individual with episodic disability does not have to be "substantially limited" at the time of complained-of adverse action.

Ogletree Deakins • September 13, 2010
The ADA Amendments Act of 2008 (ADAAA) clarified the ADA in a number of ways. In one significant clarification, the ADAAA provides that “an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active.” Based upon that wording, a federal district court in the Northern District of Indiana has held that an employee with cancer is considered to be disabled under the Act, even if his condition is in remission at the time of he alleged adverse action taken against help by his employer.