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Mixed Motive Allegation Not Enough to Sustain “Regarded As” ADAAA Case

January 16, 2013
Source: Lexology

Under the ADAAA, an employer may not discriminate against an individual regarded as having a disability that is not minor and transitory in nature. Although not controlling outside its jurisdiction, the South District of Indiana, in Nayak v. St. Vincent Hospital, recently shed light on the “regarded as” method of proving disability determination.

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http://www.lexology.com/library/detail.aspx?g=6c358f7c-431f-4b42-8e66-2d143994328b


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