In addition to protecting qualified applicants and employees with disabilities from employment discrimination, one provision of the Americans with Disabilities Act (ADA) – the "association" provision – protects applicants and employees from discrimination based on their relationship or association with an individual with a disability, whether or not the applicant or employee has a disability.
Cancer
Under the ADAAA, individual with episodic disability does not have to be “substantially limited” at the time of complained-of adverse action.
By Maria Danaher on
Posted in ADA, Reasonable accommodation
The ADA Amendments Act of 2008 (ADAAA) clarified the ADA in a number of ways. In one significant clarification, the ADAAA provides that “an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active.” Based upon that wording, a federal district court in the…