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Lowering The Threshold: Establishing Mental Disability Employment Discrimination Claims After The Ada Amendments Act (Updated 9/22/10), Susan Z. Dunn
Lowering The Threshold: Establishing Mental Disability Employment Discrimination Claims After The Ada Amendments Act (Updated 9/22/10), Susan Z. Dunn
Susan Z Dunn
2010 marks the 20th anniversary of the passage of The Americans with Disabilities Act. Created to protect the interests of all disabled, physical and mental, the ADA was the first comprehensive civil rights legislation of its kind. This article will review the ADA’s original employment provisions, focusing on the threshold question of what is a disability. Further, it will discuss the U.S. Supreme Court cases that, in fact, raised the statutory threshold – making it more difficult for a mentally disabled claimant to qualify as “disabled.” Finally, the article will examine the recent changes to the law brought forth by …
Lowering The Threshold: Establishing Mental Disability Employment Discrimination Claims After The Ada Amendments Act, Susan Zeller Dunn
Lowering The Threshold: Establishing Mental Disability Employment Discrimination Claims After The Ada Amendments Act, Susan Zeller Dunn
Susan Z Dunn
This year marks the 20th anniversary of the passage of The Americans with Disabilities Act. Created to protect the interests of all disabled, physical and mental, the ADA was the first comprehensive civil rights legislation of its kind. It served as a model for future legislation throughout the world. In 2008, Congress passed the ADA Amendments Act which was designed to remove certain limitations placed on the Americans with Disabilities Act by two U.S. Supreme Court cases, Toyota Motor Manufacturing, Kentucky, Inc. v. Williams and Sutton v. United Air Lines. It was these two cases, and the manner in which …