Richard B. Cohen was quoted in the Society for Human
Resource Management article, "ADA Claims on Rise."
Full text can be found in the June 26, 2014, issue, but a synopsis
is below.
With the passage of the Americans with Disabilities
Amendments Act of 2008 (ADAAA), many predicted a drastic increase
in the number of ADA claims. That prediction has proven
true.
"Before passage of the ADAAA, people with particular
impairments such as limb amputation, multiple sclerosis, HIV/AIDS,
diabetes, muscular dystrophy, intellectual disabilities, epilepsy
and cancer were not necessarily or by definition covered by the
law," said Richard Cohen.
According to Cohen, the intent of the law "was to
create a broader and more liberal standard as to the definition and
nature of an impairment" covered. "Congress explicitly
intended that 'the question of whether an individual's
impairment is a disability under the ADA should not demand
extensive analysis.'"
