The rock is still there, but the hard place is gone now that the U.S. Supreme Court has ruled that pursuing and receiving Social Security disability benefits does not automatically estop a recipient from pursuing a lawsuit under the Americans with Disabilities Act or even erect a strong presumption against the recipient’s ADA success.
Yesterday’s unanimous decision in Cleveland v. Policy Management Systems Corp. was cause for rejoicing everywhere among plaintiffs’ lawyers who specialize in employment discrimination.
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