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Office Location

  • Pittsburgh Office

    Address

    The Grant Building, 310 Grant Street
    Suite 1515
    Pittsburgh, Pennsylvania 15219

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Adamczyk Law Offices L.L.P. locations:

Ratings & Reviews

  • 5.0/5.0

    Mary Adamcyzk was terrific with my divorce case. She provide guidance and advice every step of the way and was partner in securing a positive outcome for me. I highly recommend Mary to anyone who has to go through divorce proceedings. I c...
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    — Client

  • 5.0/5.0

    I hired Attorney Tara Sease to assist me with enforcing a marriage settlement agreement. Attorney Sease was extremely responsive to my questions and ensured that the agreement was adhered to. I am extremely please with her representation ...
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    — Client

  • 5.0/5.0

    A great group of lawyers that were always accessible. The staff was wonderful and everything was explained. Would definitely recommend.

    — Client

  • 5.0/5.0

    Divorce is a difficult, complicated and emotional experience. I interviewed several firms when I found myself faced with divorce. Mary Adamczyk was a clear standout from the group. She always took the time to truly listen to me and understa...
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    — Client

  • 5.0/5.0

    I was so fortunate to have Mary Adamczyk and her team as my counsel for my divorce. Her sage advise and thoughtful guidance helped me successfully navigate a very complex divorce to a successful conclusion.

    — Client

EEOC Changes Criteria For Disability Discrimination

The ADA Amendments Act (ADAAA) was signed into law by President George W. Bush on September 25, 2008. The Equal Employment Opportunity Commission (EEOC) has now issued final regulations implementing the enforcement of the Act. Check the EEOC's website at www.eeoc.gov for a summary of the provisions.

The final regulations are consistent with Congress' purpose for the ADAAA: to make it clearer and arguably easier for an individual seeking protection under the ADA to establish that he or she has a disability within the meaning of the ADA. The final regulation and the revised interpretive guidance are intended to refocus courts on the issues of prohibited conduct and reasonable accommodation.

The primary emphasis is on the "regarded as" prong of the definition of the term "disability" as when an individual claims to having been regarded as disabled by his or her employer. This applies primarily in cases where the individual is seeking a reasonable accommodation.

Many employers and business organizations that submitted comments to the EEOC opposed the inclusions of a per se list of conditions that would always be considered disabilities. Employees and various advocacy groups wanted to see an expansion in the list of per se disabilities. The EEOC seemed to steer an independent ground by including a non-exhaustive list of examples of conditions that would likely be considered disabilities, but retained the concept of individualized assessment. In other words, addressing each person and situation on its own merits.

The final regulations set forth specific "rules of construction", to include a broader construction for the term "substantially limits" a major life activity and requires an "individualized assessment" when determining whether an impairment limits a major life activity. Also, an episodic/ in remission impairment is a disability if it would substantially limit a major life activity when active. The final regulation and the revised interpretive guidance make it clear that courts will now spend less time determining coverage under the Act (that is whether an impairment is actually a disability), and more time determining whether a discriminatory act occurred.

Lawyers including myself are more inclined to take such cases where previously we would be met with nothing but frustration given the lack of clarity and guesswork as to what a Court would consider to be a disability within the meaning of the Act. Finally, the Act is meant to do what it is supposed to do allowing Lawyers to focus not so much on what is or is not a disability but whether the employer's actions were discriminatory.