3rd Circ. Says Outdated ADA Reading Can't Spur New Trial
Law360 (April 1, 2019, 8:08 PM EDT) -- A Delaware nonprofit can't get a new trial over an ex-employee's claim that it refused to accommodate her dyslexia, even though she had originally won based on the parties' outdated interpretation of the Americans with Disabilities Act, the Third Circuit ruled Monday.
In a published opinion, a Third Circuit panel said that even though a 2008 amendment to the act had removed the obligation to accommodate people who were "regarded as" disabled without demonstrating that they actually were, Tamara Robinson's employer First State Community Action Agency never raised the issue until the case came to the Third Circuit.
"Both parties proceeded under...
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