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Article Index » disability discrimination » major life activity
Report Link Employer May Not Count Disability-Induced Absences against Employee, Federal Court Rules.
Jackson Lewis LLP - September 30, 2009
Managing workers with chronic conditions who require intermittent leave is difficult, the U.S. District Court for the District of Oregon has reminded us. The Court has denied an employer’s motion for summary judgment on an employee’s claims under the Americans with Disabilities Act, the Family and Medical Leave Act, and the Oregon Family Leave Act. It has held that the employee, who suffered from narcolepsy, had raised sufficient issues of fact for trial regarding, among other things, whether she was substantially limited in the major life activity of sleeping and whether the reason for her discharge – excessive absences – was pretextual.
Report Link Driving Not a Major Life Activity under the Americans with Disabilities Act, Circuit Court Decides.
Jackson Lewis LLP - November 12, 2008
The U.S. Court of Appeals for the Tenth Circuit has ruled that driving is not a major life activity under the Americans with Disabilities Act, in a case of first impression.
Report Link Sleeping and Sexual Relations are Major Life Activities under Disability Laws, D.C. Court Rules.
Jackson Lewis LLP - August 08, 2008
The federal appeals court in the District of Columbia has ruled, in separate decisions, that sleeping and engaging in sexual relations constitute major life activities for the purpose of determining whether an individual suffers from a "disability" under the nation's disability discrimination laws. Desmond v. Mukasey, No. 07-5139 (July 1, 2008); Adams v. Rice, No. 07-5101 (D.C. Cir. July 18, 2008).
Report Link Federal Court Says Driving Is Not A Major Life Activity Under The ADA (pdf).
Vedder Price - August 29, 2005
A computer programmer whose vertigo prevented her from driving to work had no discrimination claim under the Americans with Disabilities Act, the U.S. District Court for the Northern District of Illinois recently ruled in Yindee v. Commerce Clearing House Inc., No. 04 C 0730. Granting summary judgment to her employer, the court found that plaintiff’s vertigo did not substantially limit her in a major life activity since the sole activity affected by her condition was driving.
Report Link The Problem Employee: Discipline or Accommodation? (pdf).
Vedder Price - January 28, 2005
Two recent cases illustrate how dealing with an employee who interacts negatively with coworkers can lead to litigation. In one case, a belligerent supervisor claimed that a campaign of racial harassment had created a hostile work environment and led to his constructive discharge. In the other, a discharged employee sued her employer for back pay and punitive damages under the Americans With Disabilities Act because her troublesome behavior was caused by a bipolar disorder.
Report Link Supreme Court Tightens the Reins on Who Is Disabled Under the ADA.
Jackson Lewis LLP - January 09, 2002
Discusses Toyota Motor Mfg., Ky., Inc. v. Williams, No. 00-1089, ___ U.S. ___ (January 8, 2002), in which the court held that held that to be covered by the Americans with Disabilities Act (ADA), a person must have substantial limitations on abilities that are central to daily life and not just the workplace.
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