There is a well-documented epidemic of asthma in this country, [FOOTNOTE 1] and simultaneously, an explosion of claims under the Americans with Disabilities Act [FOOTNOTE 2] (ADA). Most ADA cases in which the plaintiff alleges that his asthma is a disability, are unsuccessful. This is consistent with the resounding lack of success in ADA claims generally; 92 percent of all ADA claims decided by a judge are dismissed. [FOOTNOTE 3]
Most asthma claims are dismissed on the ground that the plaintiff has not shown that his asthma substantially limits his ability to perform a broad range of jobs. [FOOTNOTE 4] However, a few recent decisions have permitted asthmatics to prevail on their ADA claims.
