Total Articles: 4
Employee must meet legitimate job expectations in order to support a claim under the ADA.
The Americans with Disabilities Act prohibits employers from discriminating against individuals because of disability or perceived disability. However, in order to sufficiently support an ADA claim, an individual employee must be able to prove that he was qualified to perform his job in a satisfactory manner, with or without accommodation. Recently, the 7th U.S. Circuit Court of Appeals upheld summary judgment in favor of an employer, based upon the fact tat the plaintiff/employee, although disabled, was unable to show that he was meeting the legitimate job expectations of his employer and therefore was not a “qualified individual with a disability” under the ADA. Dickerson v. Bd. Of Trustees of Comm. College District 522, 7th Cir., No. 10-3381, September 16, 2011.
The ADA and the Danger of the Seemingly Obvious
Never assume the obvious is true. A recent appellate opinion discussing the Americans with Disabilities Act is notable for its rejection of what would seem to be an obvious common sense notion - a bridge worker with a fear of heights is not able to perform the essential functions of his job.
Termination of Teacher After Her Complaints on Behalf of Disabled Students Can Support May Constitute ADA Retaliation.
The 9th U.S. Circuit Court of Appeals has held that a teachers 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.
Federal Courts Reject Argument that ADA Amendments Act is Retroactive.
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.
