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A plaintiff suing under the Americans with Disabilities Act cannot be barred from pursuing that claim on the grounds that she previously claimed to be unable to work when seeking Social Security and long-term disability benefits if the ADA claim is premised on a denial of a reasonable accommodation, the 3rd U.S. Circuit Court of Appeals has ruled. A unanimous three-judge panel rejected the employer's argument that the plaintiff should be "judicially estopped" from pursuing her ADA claim.
March 22, 2006 at 12:00 AM
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The original version of this story was published on Law.Com
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