The U.S. segment of a large international automotive manufacturer became involved in an Americans With Disabilities Act (ADA) discrimination lawsuit. The underlying theories of the case are unique given the plaintiff’s efforts to establish that he was discriminated against based on disability when he was not permitted to transfer to a position believed to be inconsistent with physician-imposed work restrictions limited to the workplace. It is believed to be the first post-ADA amendments case in which an appellate court has reaffirmed that physician-imposed work restrictions do not automatically render a plaintiff disabled within the meaning of the ADA.
Waller has successfully defended this novel ADA lawsuit both at the trial court and before the United States Court of Appeals for the 6th Circuit. At the Court of Appeals, Waller recently obtained a published decision successfully affirming the trial court’s dismissal of the action on a motion for summary judgment. Waller continues to defend the case before the United States Supreme Court in opposing the plaintiff’s pending petition for writ of certiorari. Waller has successfully argued that the plaintiff’s work restrictions do not qualify the plaintiff for protection under the ADA notwithstanding the broad interpretation given to the definition of disability under the 2008 amendments to the ADA.
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