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Article Index » disability discrimination » regarded as claims
Report Link Between A Rock and A Hard Place: Protecting Employees Without "Regarding" Them As Disabled.
Helms Mulliss & Wicker - May 18, 2007
Earlier this week, the U.S. Supreme Court declined to disturb a ruling by the Third Circuit Court of Appeals in the interesting Americans With Disabilities Act (ADA) case of Taylor v. USF-Red Star Express, Inc.
Report Link Individualized assessments in 'regarded as' ADA cases (pdf).
Rothgerber Johnson & Lyons LLP - June 14, 2006
You extend an offer of employment to an applicant contingent upon his completion of a physical examination. The doctor performing the physical examination concludes that the applicant is not medically qualified for the position. The conditional job offer is rescinded. The applicant sues the company for violating the ADA. The company loses. What went wrong?
Report Link ADA Assessments: A Case By Case Analysis (pdf).
Phelps Dunbar LLP - April 12, 2006
The Fifth Circuit recently issued a key decisionunder the perceived disability provision of theAmericans With Disabilities Act (“ADA”) in Rodriguezv. ConAgra Grocery Products Company, 436 F.3d 468(5th Cir. 2006). In this decision, the Court reiteratedthat an employer must focus on whether the particularapplicant is actually substantially limited by his or herimpairment and, whether the applicant is actuallycapable of performing the essential functions of thejob at issue.
Report Link EEOC Issues Guidance on ADA Association Protections.
Helms Mulliss & Wicker - October 20, 2005
On October 17, 2005, the U.S. Equal Employment Opportunity Commission (EEOC) issued new guidance for employers concerning a lesser-known provision of the Americans with Disabilities Act (ADA) that protects individual who are not disabled themselves, but who have a “relationship or association” with a disabled individual (e.g., as a parent of a disabled child).
Report Link Employees Regarded as Disabled Must Be Accommodated, Says Eleventh Circuit.
Jackson Lewis LLP - October 11, 2005
A recent decision from the U. S. Court of Appeals for the Eleventh Circuit significantly impacts the litigation of disability discrimination cases under the Florida Civil Rights Act and increases the likelihood of a Supreme Court resolution of an important issue for all employers.
Report Link Termination of Employee Perceived As Incurable Alcoholic Violated ADA.
Jackson Lewis LLP - March 14, 2005
An employer who perceived an employee to be an incurable alcoholic violated the Americans with Disabilities Act when it terminated the employee while on mandatory leave for treatment of his dependency.

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