Tag: life

“Isn’t there supposed to be a good cop?” — 9th Circuit Holds Bilious Conduct Not a Disability Under ADA

Cantankerous employees beware! Being a jerk is not a disability and, at least according to the Ninth Circuit in Weaving v. City of Hillsboro, blaming bad behavior on a physical or mental impairment does not guarantee protection under the Americans with Disabilities Act ("ADA"). Matthew Weaving was diagnosed with ADHD as a child, but stopped exhibiting … Continue Reading

Driving Not a “Major Life Activity” Under ADA

Is driving a car a major life activity under the Americans with Disabilities Act (ADA)?  No, the Tenth Circuit Court of Appeals recently concluded, joining two other federal circuit courts that have held that just because a person cannot drive does not mean that person meets the legal definition of "disabled."  Kellogg v. Energy Safety Services, Inc. … Continue Reading
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