Definitions
| Currency | Current through May 31, 2023 |
| Citation | 29 C.F.R. §1630.2 |
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19 cases
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Woods v. Astrazeneca Pharm., LP
...an individual meets the definition of disability under this part should not demand extensive analysis. 29 C.F.R. § 1630.1; see also 29 C.F.R. § 1630.2 ("Accordingly, the threshold issue of whether an impairment 'substantially limits' a major life activity should not demand extensive analysi......
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Tex. Tech Univ. Health Scis. Ctr. – El Paso v. Niehay
...of Crim. Just. , 148 S.W.3d 374, 377 (Tex. 2004) (internal quotation marks omitted).19 Id. at 382.20 42 U.S.C. § 12102 (1990).21 29 C.F.R. § 1630.2 (1992) (emphasis added).22 See City of Garland v. Dall. Morning News , 22 S.W.3d 351, 360 (Tex. 2000) (plurality op.) ("When the Legislature ad......
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Bingham v. Union Pac. R.R.
...to require a degree of functional limitation that is lower than the standard for 'substantially limits' applied prior to the ADAAA." 29 C.F.R. § 1630.2. Still, the Court is unaware of any case law—and Bingham does not point to anything—suggesting that a five-day hospital stay is, by itself,......
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In re Chavis
...forth “a demanding standard[,]” or viewed as synonymous with the phrase “significantly restricts.” Pub. L. No. 110-325, § 2(b)(4), (5); 29 C.F.R. § 1630.2.(j)(1)(i)-(iii). In addition, the DOJ has promulgated a regulation that provides that “[a]ny private entity that offers examinations or ......
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8 firm's commentaries
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Employment Law Commentary -- Volume 25, No. 2 -- February 2013: Is Working from Home a Reasonable Accommodation? “Rarely.”
...(last visited Feb. 14, 2013). 7 See id. 8 Case No. 11-13742, 2012 U.S. Dist. LEXIS 128200 (E.D. Mich. Sept. 10, 2012). 9 See 29 C.F.R. § 1630.2 (2012). 10 See Ford Motor Co., 2012 U.S. Dist. LEXIS 128200 at *14 (citing Tyndall v. National Educ. Ctrs. Inc., 31 F.3d 209, 213 (4th Cir. 1994));......
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Employers, Can You Require Employee Vaccination?
...and regulation during a pandemic while simultaneously protecting the health of their employees and clients/customers alike. [1] See 29 C.F.R. § 1630.2(r). [2] See “Pandemic Preparedness in the Workplace and the Americans with Disabilities Act,” EEOC, (referencing 29 C.F.R. § 1630.2(r); 29 C......
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COVID-19 Testing and (Eventually/Hopefully) Vaccines: What Can the Schools Require?
...substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation.” 29 CFR §1630.2(r). The existence of such a direct threat to safety and health might tip the scales towards a COVID-19 vaccine mandate (especially for schoo......
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FordHarrison Files Amicus Brief in Obesity Discrimination Case
...A “disability” is a physical or mental impairment that substantially limits one or more of the major life activities of an individual. 29 C.F.R. § 1630.2. A “physical or mental impairment” is a “physiological disorder or condition” affecting one or more body systems, such as neurological, m......
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24 books & journal articles
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Healthism and the Law of Employment Discrimination
...disabilities, see NAT’L COUNCIL ON DISABILITY, THE CURRENT STATE OF HEALTH CARE FOR PEOPLE WITH DISABILITIES 1214 (2009). 155. See 29 C.F.R. § 1630.2(j)(3)(iii) (2013) (certain impairments “substantially limit . . . major life activities,” including cancer which “substantially limits norma......
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One Not Like the Other: An Examination of the Use of the Affirmative Action Analogy in Reasonable Accommodation Cases Under The Americans with Disabilities Act
...the core word ‘assign’ implies some active effort on the part of the employer.”). 128 42 U.S.C. § 12112(b)(5)(A) (2012); 29 C.F.R. § 1630.2(o)(2)(ii) (2017). 129 42 U.S.C. § 12112(b)(5)(A). 130 See id. 131 Huber v. Wal-Mart Stores, Inc., 486 F.3d 480, 482 (8th Cir. 2007) (footnote omitted).......
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VOLUME II Chapter 19 Americans with Disabilities Act
...March 19, 2019) (hereinafter "ADAAA Questions and Answers").[20] 42 U.S.C. § 12102(1)(A) (2012).[21] 42 U.S.C. § 12102(1)(B)-(C).[22] 29 C.F.R. § 1630.2(h).[23] 29 C.F.R. § 1630.2(j)(3)(iii).[24] Id.[25] The specific provisions of the ADA which cover alcoholism and drug abuse are discussed ......
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Mediation and Mental Health Claims under the ADA
...of an impairment, and the retardation’), organic brain syndrome, emotional or mental illness, and specific learning disabilities. 29 C.F.R. § 1630.2(h)(2) (2011). 26 29 C.F.R. § 1630.2(i) (1992). Most of these major life activities listed in the 1992 regulations primarily involve physical e......
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