We are all familiar with the age-old explanation “Because I said so,” which, when uttered by our parents or as a parent, ends the debate absent any additional supporting evidence. In the context of discrimination claims under the Americans With Disabilities Act, evidence of a “disability” based on “because I said so” has had more limited success. Yet, a recent district court decision from the U.S. District Court for the Western District of Pennsylvania found that such an argument carried the day in defeating summary judgment.

Gerald Kaufer was hired by UPMC Health Plan Inc. and UPMC Health Benefits Inc. as the medical director on Nov. 11, 1999. Kaufer’s primary responsibilities were to determine whether UPMC Health Plan would cover the costs of health care services provided by health care providers.

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