Appellate Law

CA1: ADA law is, uh, complex or something

By S. COTUS

Ruiz-Rivera v. Pfizer Pharmaceutic, No. 07-1595.  This is a ADA Selya case.  Lots of big words.  It affirms summary judgment that an employee wasn?t really prevented from performing any major life activities. Specifically, she failed on a ?regarded as? claim under the ADA.  Substantively,  ?A plaintiff claiming that he is ?regarded? as disabled cannot merely show that his employer perceived him as somehow disabled; rather, he must prove that the employer regarded him as disabled within the meaning of the ADA.?  The plaintiff didn?t appeal the grant of summary judgment as to the failure to accommodate claim. 

Rather than summarize the whole decision, I will just conclude that most of it seems to be trashing the plaintiff?s complaint and not understanding the nuances of ADA law.

Full post as published by Appellate Law and Practice on March 27, 2008 (boomark / email).