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Pleading Disability, Joseph A. Seiner

Joseph A. Seiner

A significant failure. That is how the Americans with Disabilities Act (ADA) has been described by legal scholars and disability advocates alike. The statute, which was widely expected to help prevent disability discrimination in employment, has not fully achieved its intended purpose because of the ADA’s narrow interpretation in the courts. Congress recently sought to restore the employment protections of the ADA by amending the statute. Interpreting the complex and comprehensive amendments to the ADA will be a difficult task for the federal courts, which struggled to consistently apply even the original statutory terms. Complicating matters further, the proper pleading …