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The Underwhelming Impact Of The Americans With Disabilities Act Amendments, Stacy A. Hickox
The Underwhelming Impact Of The Americans With Disabilities Act Amendments, Stacy A. Hickox
Stacy A. Hickox
The 2008 amendments to the Americans with Disabilities Act (ADA) were intended to expand the protection against discrimination for persons with disabilities beyond the Supreme Court’s narrow interpretation of who is “disabled.” While the amendments and the proposed Equal Employment Opportunity Commission regulations address some of the Court’s narrow interpretations of the ADA, lower courts may still be able to limit coverage of persons with disabilities who are still able to perform tasks which utilize the major life activity which is limited by their impairment, and persons who have impairments with temporary or intermittent effects. Claimants may also be excluded …