Duquesne Law Review


This article examines the evolving standards articulated by the Third Circuit Court of Appeals in order to attempt to provide some guidance as to the responsibilities of Pennsylvania employers and the rights of Pennsylvania employees under the "regarded as" disabled prong of the ADA and the Pennsylvania Human Relations Act after Buskirk v. Apollo Metals. This article examines the statutory framework of the ADA including an analysis of the statutory precursor to the ADA, the Rehabilitation Act of 1973. Additionally, the article examines the regulations promulgated by the Equal Employment Opportunity Commission and the Supreme Court's analysis of the "regarded as" prong in Sutton v. United Airlines. Finally, the article attempts to provide some guidance for Pennsylvania employers and employees and concludes that the Court of Appeals should hold that, in order to give effect to Congressional intent and common sense, employees who are "regarded as" disabled are not entitled to accommodation under the ADA.

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