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Report Link Termination of Teacher After Her Complaints on Behalf of Disabled Students Can Support May Constitute ADA Retaliation.Ogletree Deakins - November 03, 2009 The 9th U.S. Circuit Court of Appeals has held that a teacher’s statements on behalf of disabled students were “protected activity” under the ADA, and that the teacher had standing to sue for retaliation under the ADA and Section 504 of the Rehabilitation Act. Report Link Federal Courts Reject Argument that ADA Amendments Act is Retroactive.Ford & Harrison LLP - March 03, 2009 Since the Americans with Disabilities Act (ADA) was amended by the ADA Amendments Act of 2008 (ADAAA), which took effect on January 1, 2009, federal court decisions have declined to retroactively apply the ADAAA to plaintiffs' claims concerning conduct that occurred before the effective date. Despite arguments by employees' attorneys that courts should apply the ADAAA to claims pending as of September 25, 2008, the date the ADAAA was enacted, it does not appear that any federal court has retroactively applied the ADAAA to a plaintiff's claim regarding past conduct. However, the ADAAA has been applied to pending claims for prospective relief. Report Link Injured Employee’s ADA Suit Dismissed (pdf).Ogletree Deakins - February 27, 2006 The Fourth Circuit Court of Appeals
recently dismissed a lawsuit brought
by an employee who claimed that he
was fired in violation of the Americans
with Disabilities Act (ADA). The federal
appellate court with jurisdiction
over the Carolinas found that the
worker’s impairment did not substantially
limit his ability to work because
he could engage in a wide range of
daily activities and was qualified "to
work in over 100,000 jobs in his geographic
area." Report Link Employee With Cerebral Palsy May Be "Disabled" Under The ADA (pdf)Ogletree Deakins - April 22, 2005 Court Holds Worker’s Impairment Falls Within Federal Law Despite His Achievements. Report Link First Circuit Rules No ADA Violation for Firing of Jailed Alcoholic.Ballard Rosenberg Golper & Savitt - December 01, 2002 The court rejected the ADA claim of an alcoholic who was fired after being jailed for drunk driving. Report Link No Protection for Job Anxiety Under American With Disabilities Act.Ballard Rosenberg Golper & Savitt - August 01, 2002 The First Circuit Court of Appeals has ruled that job anxiety is not a recognized disability under the Americans With Disabilities Act. Carroll v. Xerox Corp.
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