“Here, there is no evidence that [Plaintiff] is physically limited by his prosthetic leg. His only need is to be able to readjust his prosthetic leg every so often so that it does not break his skin or fall off. Therefore, if Plaintiff were given the breaks he requested, the issues involved with his prosthesis
ADA
A jury could find that an adult with an IQ score of 72, limited vocabulary, and who requires parental help with mundane tasks has an ADA-recognized disability.
By LSTAHL on
“[Plaintiff] has presented sufficient evidence to establish a genuine issue of material fact on whether he is disabled under the ADA. . . . [H]is mother . . . states under oath that her son requires parental assistance to pay his bills, file for unemployment benefits, obtain health insurance and health care, complete job applications,…
The ability to work through severe pain does not preclude finding that a person is substantially limited in a major life activity.
By LSTAHL on
“[Plaintiff] testified that she ‘learned to tolerate the pain’ to be able to continue working even on days when the pain was severe.” Molina v. DSI Renal, Inc., 840 F. Supp. 2d 984, 994 (W.D. Tex. 2012). “[T]he EEOC advises comparing the ‘condition under which the individual performs the major life activity’ as compared…
A diagnosed disease with periodic flare-ups constitutes a disability.
By LSTAHL on
Plaintiff was “diagnosed with a medical bowel disease which has flared up from time to time during her life . . . . Under the amended ADA, that is sufficient.” Edwards v. Chevron U.S.A., Inc., CIV.A. H-11-2568, 2013 WL 474770, at *2 (S.D. Tex. Feb. 7, 2013).