NELA Amicus Brief: Summers v. Altarum Institute Corp. (4th Cir.)

Posted By: Rebecca Hamburg Cappy August 12, 2013 12:25 pm
Posted In: NELA Amicus Briefs
Tags/Keywords:
Topic : Disability, Discrimination  Statutes : ADA, ADA AA  Keyword : Iqbal Twombly  Agencies : EEOC  Federal Appellate Courts : 4th Circuit  Admin : Amicus

Description

On July 14, 2013, NELA joined AARP in filing an amicus brief supporting Carl Summers, a contract statistician with Altarum Institute Corp. who sustained serious injury to both legs in 2011 accident, in his appeal to the U.S. Court of Appeals for the Fourth Circuit. Mr. Summers was terminated while recuperating from these injuries despite properly requesting an accommodation under the federal disability laws. Amici address several aspects of disability law not analyzed with clarity or precision by the district court, including the significance of enactment of the ADA Amendments Act of 2008 (ADAAA) as well as the issuance of revised regulations by the U.S. Equal Employment Opportunity Commission (EEOC) regarding the status of non-permanent medical conditions. In particular, the district court failed to properly analyze whether Summers was “substantially limited” in a “major life activity,” and whether Altarum “failed” to “reasonably” accommodate his injuries. 

Authors: Daniel B. Kohrman, Brian East

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