Friday, December 07, 2012

Fourth Circuit -- Benjamin Reynolds v. American National Red Cross

ADA Amendments Act of 2008 applies prospectively.  Circuit split flagged.

Inability to heavy things is not a disability.  And the plaintiff can lift things.

As plaintiff did not place medical records into evidence, burden of production for record of qualifying disability not met.

Employer didn't believe that the plaintiff had a qualifying disability, as he kept asking the plaintiff to lift things.

Filing a workman's comp claim is not per se a basis for a retaliation suit if subsequently terminated.

No unauthorized disclosure of medical condition, as it was information shared among friends.

Title VII workplace headcount aggregation standards apply to ADA suits. (Dictum, as cross-appeal denied)

Benjamin Reynolds v. American National Red Cross
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.