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The Treatise is based upon federal appellate court decisions from 1996
to 2008. We are currently in the process of updating the Treatise. Until
that update is complete, it is possible that certain cases cited in the
Treatise may no longer represent current law.
Cases addressing particular medical impairments or conditions
List of impairments or conditions
Effective January 1, 2009, the Americans with Disabilities
Act ("ADA") has been amended so as to make it easier
to prove "regarded as" claims and to make it easier to prove
that someone is substantally limited. To read the new
regulation, click here. Cases
decided under the "old law" may no longer be correct.
In Richards v. City of Topeka, 173 F.3d 1247 (10th
Cir. 1999), the court explained:
Although the parties' positions do not require us to
decide the issue today, we do note that numerous district courts have
concluded that a normal pregnancy without complications is not a disability
under 42 U.S.C. § 12102(2)(A). See, e.g., Gabriel v. City
of Chicago, 9 F. Supp.2d 974, 980-81 (N.D. Ill. 1998); Gudenkauf,
922 F. Supp. at 473; Jessie v. Carter Health Care Ctr., 926 F. Supp.
613, 616 (E.D. Ky. 1996). Furthermore, regulations promulgated by the EEOC
explicitly state that "conditions, such as pregnancy, that are not the
result of a physiological disorder are . . . not 'impairments.'" 29 C.F.R. §
1630 app. § 1630.2(h). See also Sutton v. United Air Lines,
Inc., 130 F.3d 893, 899 (10th Cir. 1997), cert. granted on
other grounds (citing regulation).
Richards, 173 F.3d at 1250 n. 2.
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