Hofstra Labor & Employment Law Journal


Federal courts have grappled with the issue of whether claims under the Americans with Disabilities Act should be barred, or judicially estopped, by the plaintiff's earlier application for or receipt of disability benefits. This is a particularly vexing problem since recipients of disability benefits are presumed to be disabled even though they are not disabled for a particular job. These individuals, who are social security recipients and still, are qualified for a job yet they suffer adverse employment decisions in violation of the Americans with Disabilities Act. This article clarifies the law based on the Supreme Court decision, Cleveland v. Policy Mgmt. Systems Corp., finding that recipients of social security should not be precluded from pursuit of claims under the disability laws. This decision best effectuates the goals of protecting the disabled while promoting full participation in the workforce for all Americans.

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