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INTRODUCTION In September 1987, Francis J. Kelly, the senior buyer in Drexel University's purchasing department, fractured his hip, leaving him with a noticeable limp. (1) Kelly's physician diagnosed him with severe post-traumatic degenerative joint disease (2) and protrusio acetabulum, (3) both of which caused Kelly "great difficulty in walking around." (4) Drexel later eliminated Kelly's position at the university. (5) Kelly, sixty-eight years old at the time, filed charges of discrimination against Drexel under the Americans with Disabilities Act ("ADA"). (6) The United States Court of Appeals for the Third Circuit affirmed summary judgment in favor of Drexel, finding that Kelly did not qualify as disabled under the protections enumerated by the ADA. (7) Although the Third Circuit found that Kelly's condition forced him to move slowly and take great care when maneuvering up and down stairs, it nonetheless held that Kelly's impairment did not "substantially limit" his ability to walk because he did not require a cane or other assistance in order to move around. (8) Kelly's physical impairment, though limiting, apparently did not reach the threshold required for ADA protection. (9)

GENRE
Professioneel en technisch
UITGEGEVEN
2010
1 januari
TAAL
EN
Engels
LENGTE
44
Pagina's
UITGEVER
Case Western Reserve University School of Law
GROOTTE
308.4
kB

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