Evidence Of Perception Of Disability Saves Delivery Driver’s Bias Claims

(October 11, 2018, 12:38 PM EDT) -- HONOLULU — A Ninth Circuit U.S. Court of Appeals panel on Sept. 17 reinstated disability bias claims by a former delivery driver who alleges that he was denied a job transfer and then terminated based on a shoulder injury, finding that the driver presented a genuine issue of material fact as to whether he was regarded as disabled and that the trial court relied on case law that predated the ADA Amendments Act (ADAAA) (Herman N. Nunies v. HIE Holdings, Inc., No. 16-16494, 9th Cir., 2018 U.S. App. LEXIS 26221)....

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