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Unpublished Paper
Lowering the Threshold: Establishing Mental Disability Employment Discrimination Claims after the ADA Amendments Act
ExpressO (2010)
  • Susan Zeller Dunn
Abstract

This year marks the 20th anniversary of the passage of The Americans with Disabilities Act. Created to protect the interests of all disabled, physical and mental, the ADA was the first comprehensive civil rights legislation of its kind. It served as a model for future legislation throughout the world. In 2008, Congress passed the ADA Amendments Act which was designed to remove certain limitations placed on the Americans with Disabilities Act by two U.S. Supreme Court cases, Toyota Motor Manufacturing, Kentucky, Inc. v. Williams and Sutton v. United Air Lines. It was these two cases, and the manner in which they defined “disability” that made it particularly difficult for mentally impaired plaintiffs to bring their claims of discrimination before the court. The ADAAA, however, has changed all of this. This article examines the ADA Amendments Act and its impact on the Americans with Disabilities Act, focusing specifically on how it has changed the way the ADA defines disability for mentally impaired plaintiffs, and how this change will strengthen their case.

Keywords
  • ADA,
  • Americans with Disabilities Act,
  • Amendments,
  • ADAAA,
  • mental impairment
Disciplines
Publication Date
March 9, 2010
Citation Information
Susan Zeller Dunn. "Lowering the Threshold: Establishing Mental Disability Employment Discrimination Claims after the ADA Amendments Act" ExpressO (2010)
Available at: http://works.bepress.com/susan_dunn/2/