Tuesday, August 30, 2005

Eleventh Circuit Weighs in on Accommodation-for-Regarded-As Split

Today, in its opinion in D'Angelo v. ConAgra Foods, Inc., the Eleventh Circuit joined the Third Circuit in holding that people who are covered by the "regarded as" prong of the ADA's "disability" definition, but who have no "actual" disability, are entitled to reasonable accommodation in employment pursuant to Title I of the ADA. The circuits have been split on this issue for a while (the Eleventh Circuit's opinion acknowledges that four circuits have gone the other way), but the Supreme Court has passed up chances to grant cert. on the issue (including this past spring).


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