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The Employer’s Legal Advisor by Thomas M. Hanna

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The Disabled Employee

The Americans with Disabilities Act (ADA) defines “individuals with disabilities” as individuals who have a physical or mental impairment that substantially limits one or more major life activities. The ADA also protects those who have a record of impairment. (These terms can be difficult to interpret and there are over seven hundred U.S. District Courts. That diversity has resulted in different decisions on what are essentially the same set of facts by different courts, all of which make it difficult for good lawyers, let alone lay persons, to be definitive about conditions that qualify for ADA protection.) This broad, if not sloppy, definition is grist in the mill of lawyers. For example, one federal court found that ...

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