Caselaw following the ADAAA

The question after the amendments were passed was: how much more liberal would the courts be in interpreting the ADAAA than they were in interpreting the original language?  And, more specifically for the purposes of this course, how much would they be willing to look at a person’s inability to do particular aspects of work as a basis for establishing membership in the protected class?

The following case addresses the question: who counts as “disabled” within the meaning of the statute? It suggests that courts may be willing to take a more expansive approach to the protections offered by the statute.  This case involves an injury outside of work – but it could just as easily have occurred ‘on the clock.’  Remember that under the ADA, including under the amendments, the etiology of the injury or illness is immaterial to the protection offered by the statute.