Ninth Circuit Makes It Easier For Employees To Pursue ADA Claims

• Posted by Geoffrey G. Gussis on July 27th, 2005


• Filed in Employment Law

The Ninth Circuit is at it again - as a recent post by the law firm Sheppard Mullin points out:

"In Head v. Glacier Northwest Inc., the United States Court of
Appeals for the Ninth Circuit held that the Americans with Disabilities
Act ("ADA") does not require employees to produce comparative or
medical evidence to create a genuine dispute of material fact as to
whether they have an impairment that substantially limits a major life
activity. Further, the Ninth Circuit also held that an employee need
only prove that his disability was a "motivating" factor in an
employer’s decision to terminate him or otherwise take an adverse
employment action against him. Taken together, these two holdings
further stack the deck against employers in ADA lawsuits."

Link: Labor Employment Law Blog: NINTH CIRCUIT MAKES IT EASIER FOR EMPLOYEES TO PURSUE ADA CLAIMS.