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January 2018 Archives

Are ADA Interference Claims on the Verge of Becoming Mainstream in Employment Cases?

Attorneys litigating claims pursuant to the Americans with Disabilities Act ("ADA") usually focus on failures by an employer to accommodate a disability, their failures to engage in an interactive process related to an accommodation request, or retaliation. A recent decision by the U.S. Court of Appeals for the Seventh Circuit in Frakes v. Peoria School District No. 150, 872 F.3d 545 (7th Cir. Sept. 26, 2017), however, clearly articulated the elements to prove for an ADA interference claim. The ADA contains prohibitions against both retaliation (42 U.S.C. § 12203(a)) and interference (42 U.S.C. § 12203(b)). This distinguishes the ADA from most other EEO laws, which only prohibit retaliation, but do not reference interference in any manner.

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