A Real Headache Of A Disability Claim

Law360, New York (February 7, 2012, 12:48 PM EST) -- In a signal that the courts do not regard the 2008 amendments to the Americans with Disabilities Act (ADA) as a basis to declare every ailment or condition to be a "disability" under federal law, the U.S. Court of Appeals for the Tenth Circuit recently held that a plaintiff who was diagnosed with migraine headaches was not "disabled" under the ADA. Allen v. Southcrest Hospital, No. 11-5016 (10th Cir. Dec. 21, 2011).

Employers should not get too excited, however, as the court did not declare that...
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