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Employment Law

Is Everyone Disabled? Temporary Disabilities and the Ever-Expanding Definition of “Disability"

August 3, 2015

Katherine Dudley Helms Katherine Dudley Helms
Following the amendments to the Americans with Disabilities Act (ADA)—the ADA Amendments Act of 2008 (ADAAA)—employers were told to refrain from asking employees whether they were disabled. The employer community took this instruction with a grain of salt, knowing that although the scope of employees covered under the amendments was significantly greater, there were certain conditions that did not constitute a disability.  More recent case law may be proving that theory wrong and, instead, showing that “all” (or almost all!) employees are disabled.

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Supreme Court Forges New “Significant Burden” Interpretation of the Pregnancy Discrimination Act

3/25/2015 12:00:00 AM

On March 25, 2015, the Supreme Court of the United States settled a controversy surrounding an employer’s policy that provided light-duty work for certain employees (including some disabled employees) but not for pregnant workers. The case was brought by a worker who tried to show—through indirect evidence—that the policy resulted in the disparate treatment of pregnant workers.