An Employer's Roadmap For Defending ADA Claims

Law360, New York (July 19, 2013, 12:51 PM EDT) -- In 2008, Congress expanded the definition of a “disability” under the Americans with Disabilities Act Amendments Act (ADAAA), thereby reducing the effectiveness of one of an employer’s best defenses to a disability claim: that the employee was not disabled.[1] The relaxed definition of disability places a plaintiff-employee one-third of the way home on proving a prima facie case of disability discrimination and avoiding summary judgment.

A prima facie case of disability discrimination under the ADAAA requires that the employee be a disabled person as defined by...
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