Saturday, January 5, 2013

ADA Amendments Retroactivity

Red CrossThere's a recent ADA case from the Fourth Circuit of note. In Reynolds v. American Red Cross, the court joins most of the other circuit courts in holding that the ADA Amendments do not apply retroactively—an issue that is on its way to being mooted by the passage of time. One interesting issue that was effectively mooted by that holding was the district court's willingness to aggregate defendants the American Red Cross and the relevant local affiliate for purposes of meeting the ADA's minimum number of employees.  That's obviously significant for many larger entities, so we'll have to stay tuned for the court's take on this issue.

Hat Tip:  Jonathon Harkavy

-JH

http://lawprofessors.typepad.com/laborprof_blog/2013/01/ada-amendments-retroactivity.html

Disability, Employment Discrimination, Labor and Employment News | Permalink

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