Law360 (Jul 16, 2021, 4:53 p.m. EDT) – The number of lawsuits for alleged disability discrimination is likely to increase following the decision of the U.S. Court of Appeals for the Second District in Hamilton v. Westchester June 30th County, which believes disabilities that last less than six months are covered by the Americans with Disabilities Act.
To the conclusion that the district court erred “categorically” when it assumed that short-term injuries – as in this case the plaintiff’s dislocated knee and the plaintiff’s torn meniscus – did not constitute qualifying disabilities within the meaning of the ADA, the appellate court referred the case to further processing of the ADA back claim.
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