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iPhone/iPad
apps
Bar exam apps
Bar exam apps
State law apps
AL
AK
AR
AZ
CA
CO
CT
DC
DE
FL
GA
HI
IA
ID
IL
IN
KS
KY
LA
MA
MD
ME
MI
MN
MO
MS
MT
NC
ND
NE
NH
NJ NM
NV
NY
OH
OK
OR
PA
PR
RI
SC
SD
TN
TX
UT
VA
VT
WA WI
WV
WY
Travel apps
Amsterdam
Frequent flyers
London, England
Miami
New York City
Paris, France
Rome, Italy
San Francisco
Seattle
Walt Disney
World
Washington, D.C.
Movies on iTunes®
Classic movies
Lawyer
movies
Education apps
Algebra
Reference apps
General ref.
apps
Pilot apps
Productivity apps
Top prod. apps
Utilities apps
Top utilities apps
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Disclaimer:
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Treatise may no longer represent current law.
-------------------------
13.200
Disability
13.250
Cases addressing particular medical impairments or conditions
13.251
List of impairments or conditions
13.251.27
Reproductive issues
13.251.27.20 Pregnancy
New law
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.
Old law
10th Circuit
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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© 2011
Garland's Digest
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