January 17, 2008

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Pepperdine Law Review Publishes Mike Moberly aticle on Disability Discrimination

Ryley, Carlock & Applewhite shareholder Mike Moberly's article, The Disability History Mystery: Assessing the Employer's Reasonable Accommodation Obligation in "Record of Disability" Cases, was published in the December 2007 issue of the Pepperdine Law Review.  In this article, Moberly explores the question of whether an employer's duty to accommodate a disabled applicant or employee's impairments under the Americans With Disabilities Act is broad enough to apply in cases in which the individual is no longer disabled, but instead is protected by the act solely by virtue of having a history, or "record," of a prior disability.  The article discusses the limited, and conflicting, case law addressing this issue to date, and ultimately concludes that the extent to which employers are required to accommodate individuals with a disability history is likely to be resolved by the courts on a fact‑specific, case-by-case basis, just as accommodation claims are presently resolved in the "actual disability" context.

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