W. Blake Simms
Legal Books

Discrimination on the basis of disability

The Americans with Disabilities Act (“ADA”) prohibits discrimination against qualified individuals who have a disability. 42 U.S.C. § 12112(A). The definition of disability under the ADA is "(A) a physical or mental impairment that substantially limits one or more of the major life activities of such individual; (B) a record of such an impairment; or (C) being regarded as having such an impairment." 42 U.S.C. § 12102(2). The ADA is a very complicated law that has provided to employees very little in the way of relief. Recent amendments to the ADA, the intent of which was to make the ADA more employee-friendly, may end up altering the existing dynamics of the law.

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