In Weaving v. City of Hillsboro,1 the U.S. Court of Appeals for the Ninth Circuit waxed nostalgic by reversing a jury and lower court finding that a police officer with Attention Deficit and Hyperactivity Disorder (ADHD) had a “disability” within the meaning of the 2008 amendments to the Americans with Disabilities Act (ADA). The Ninth Circuit held that the former officer was not disabled, because his ADHD – and associated abrasive behavior toward colleagues – did not substantially limit him in the major life activities of working or interacting with others. Before the amendments to the ADA, this decision might not have been noteworthy. Given the far more expansive interpretation of “disability” under the 2008 ADA Amendmendts Act (ADAAA), however, the Weaving case assumes the aura of a “Man Bites Dog” story by resisting the tendency of courts to err on the side of finding threshold protection under the ADAAA.
Home > Federal Law Articles > Disability Discrimination > Particular Conditions > No Coverage for the Cantankerous? The Ninth Circuit Goes “Retro” In Finding “No Disability”