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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 Until that update is complete, it is possible that certain cases cited in the Treatise may no longer represent current law.

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Chapter 13 - Disability Discrimination
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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