An Employer's Roadmap For Defending ADA Claims

With the advent of the Americans with Disabilities Act Amendments Act and the expansion of the definition of a disability, an employer’s best chance to defeat a disability discrimination claim may require the employer to show that the plaintiff was not a qualified individual. Hawkins v. Schwan's Home Service Inc. provides a model for raising the “unqualified” defense and defending such a claim, says Alan Rupe of Kutak Rock LLP.

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