Invisible disabilities under the FHA and ADA – when are they really real?

Among the most frustrating claims of disability for landlords, businesses and clear thinking lawyers are those involving mental impairments – invisible disabilities whose very existence is hard to determine. For this blog we’re stepping away from strictly new cases to look at some older cases that help define the circumstances under which a mental impairment like anxiety or depression is truly disabling. The key, we will see, is whether there is a substantial limitation on one or more major life activities. Bialko v. Quaker Oats Co.  434 Fed.Appx. 139 (3rd Cir. 2011) is an employment case under Title I of the ADA, but its reasoning applies to any ADA case because all parts of the ADA share a single definition of disability. The plaintiff claimed to suffer from anxiety and panic attacks. The Court’s analysis began with a simple, critical, and often ignored principle: “To be ‘disabled’ under the ADA requires more than simply a…

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