Donald Stephens v. United States Environmental Services LLC

Whether the ADA Amendments Act of 2008, 42 U.S.C. § 12102(4)(D), which expressly provides that episodic impairments shall be evaluated in their active state, requires a plaintiff to demonstrate “ongoing symptoms” at the precise moment of an adverse employment action in order to establish disability — or whether objective medical evidence of a substantially limiting episodic impairment, including an abnormal EKG, diagnosis of Atrifibrilation, physician-imposed restrictions, and a DOT medical disqualification, is sufficient to establish disability under the ADAAA.