Tag Archives: ADA Claim

Employers Should Guard Against “Regarded As” Claims, Which Are Now Easier to Establish Under the ADA

In 2008, the ADA was amended by the Americans with Disabilities Act Amendments Act (ADAAA). The corresponding EEOC regulations, effective in March 2011, expanded the coverage of the “regarded as” standard for determining whether an employee is considered disabled. The ADA covers individuals with a disability; those with a record of a disability; those who … Continue reading this entry

Psychotherapist-Patient Privilege Is Not Automatically Waived Under an ADA Claim

An employee’s mental state cannot always be explored in a lawsuit merely because the employee files a claim against the employer under the ADA. In Kronenberg v. Baker & McKenzie LLP, a law firm associate in Chicago brought suit against the firm after his employment was terminated upon his return from FMLA leave taken for … Continue reading this entry