There has been a litigation explosion.
From charges filed and damages paid by employers, the EEOC received 26,968 disability charges in 2015 and the ADA accounted for 30.2% of all EEOC charges, which is seven straight years of increases from 20.4% in 2008. In a series of cases, the Supreme Court of the United States narrowly interpreted “substantially limits” and “major life activities” which resulted in excluding many individuals from ADA coverage. Congress decided that the ADA intended to be broadly construed in favor of coverage and the ADAAA was enacted in 2008 and court’s decisions were overturned. This background information will help to explain why the new ADAAA regulations matter.
Frank C. Morris, Jr.
Epstein Becker & Green, P.C.
- Chair, employment law practice in Washington, D.C., and co-chair of the ADA and Public Accommodations Group for the national law firm of Epstein Becker & Green, P.C.
- Speaker on the ADA and employment law to the judicial conferences for the federal judges of Third, Fourth, Fifth, Sixth, Seventh, and Eleventh Circuits
- Adjunct professor at the George Washington University Law School
- Named to The Best Lawyers in America and the Washington, D.C. Super Lawyers list and in Washington, D.C., and Baltimore’s Top-Rated Lawyers
- Represents and counsels employers and public accommodations nationally in employment, labor, leave, and disability matters
- Can be contacted at [email protected]
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