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Article Index » disability discrimination » evidence » General
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.

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