NOTE: THE ADA GETS EVEN MORE COMPLICATED: ANALYZING PREGNANCY WITH COMPLICATIONS AS A DISABILITY Skip over navigation
LexisNexis® Browse Law Reviews and Treatises
Skip over navigation
Sign in with your lexis.com® ID to access the full text of this article.
-OR-
Order the full text of this article if you do not have a lexis.com® ID.
 
Price: 
US $22.00 (+ tax)
 
 

Copyright (c) 2004 Drake University
Drake Law Review

NOTE: THE ADA GETS EVEN MORE COMPLICATED: ANALYZING PREGNANCY WITH COMPLICATIONS AS A DISABILITY

Spring, 2004

52 Drake L. Rev. 471

Author

Amanda G. Wachuta*

Excerpt



I. Introduction
 
The federal courts are currently split on how to analyze the issue of whether pregnancy with complications constitutes a disability under the Americans with Disabilities Act 1 (ADA). Although it is well settled that pregnancy per se is not a disability under the ADA, 2 some federal courts have held that pregnancy with complications can predicate a claim of disability discrimination. 3 Conversely, other federal courts have disallowed such complications to form the basis of an ADA claim. 4

Because so many ADA claims are disposed of at the summary judgment stage, 5 and the determination of whether pregnancy-related complications constitute a disability can make all the difference in granting or denying summary judgment, 6 it is important that the federal courts develop a consistent approach to dealing with this issue. This Note advocates the approach of distinguishing between conditions that are part of a normal pregnancy and complications of pregnancy that are either outside the normal range or are attributable to a physiological disorder, with the latter forming a basis for an ADA claim.

Part II of this Note briefly outlines the history and coverage of the ADA. Part III examines the statutory definition of "disability" and the EEOC regulations that flesh out that definition. Part IV discusses the exclusion of pregnancy per se from the ADA's coverage. Finally, Part V surveys the case law, identifies the grounds on which federal courts are denying ADA protection for pregnancy with complications, and ...
 
 
If you are interested in obtaining a lexis.com® ID and Password, please contact us at 1-(800)-227-4908 or visit us at http://www.lexisnexis.com/.
Search Documents
 
eg., Environmental Insurance Coverage Under the Comprehensive General Liability Policy
 
 
 
 

Lexis® Web - The only search engine that delivers free web content specifically from legal sites validated by LexisNexis® attorney editors and includes tools for faster research and more relevant results.

 
LexisNexis Store
Research Now - Go to lexis.com
Connect the Dots - Free 1 hour webcast
Share. Network. Discover. - Go to LexisNexis Communities