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.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]