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Burden of Proof › Americans with Disabilities Act (ADA) › Disability Discrimination

Franczek P.C.

Supreme Court Clarifies Lower Standard Applies When Suing Schools Under Disability Laws

Franczek P.C. on

As we previously reported in our Supreme Court preview alert, this term the Supreme Court heard a lawsuit regarding what standard of liability applies when a student with a disability sues a school under the Americans with...more

Seyfarth Shaw LLP

7th Circuit Rules that Extreme Obesity is Not an ADA Impairment (at Least on These Facts)

Seyfarth Shaw LLP on

The U.S. Court of Appeals in the Seventh Circuit has recently decided a case involving an extremely obese bus driver and denied his claims under the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12101–12213, as...more

McAfee & Taft

Revisiting the direct threat defense under the ADA

McAfee & Taft on

One of the defenses available to an employer under the Americans with Disabilities Act (ADA) is the idea that an accommodation of a qualified individual with a disability cannot be made when the employee poses a “direct...more

Maynard Nexsen

Disability Discrimination Claims Face Stricter Standard in the Fourth Circuit

Maynard Nexsen on

The Americans with Disabilities Act (ADA) became law over 20 years ago. But until last month, the Fourth Circuit Court of Appeals, which includes North and South Carolina, had never specified a plaintiff’s burden of proving a...more

Baker Donelson

Does the ADA Amendments Act Absolve a Party Alleging Disability Discrimination From Having to Prove the Disability?

Baker Donelson on

That was the question recently presented to the United States Court of Appeals for the Fifth Circuit, and the Fifth Circuit resoundingly answered "no." Specifically, in Neely v. PSEG Texas, LP, the Fifth Circuit held "though...more

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