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Quiz of the Month
Q: Is an employee's testimony that he or she is disabled and substantially limited in performing a major life activity sufficient to state a claim in the absence of medical documentation supporting the claim?
No. Courts in the Second Circuit have consistently ruled that the employee's testimony alone is insufficient to establish a showing of 'substantial limitation.' Rather, an employee must come forward with credible medical evidence substantiating the alleged limitation. Baerga v. Hospital for Special Surgery, 2003 WL 22251294 (S.D.N.Y. 9/30/03).
Q: Is an employee's testimony that he or she is disabled and substantially limited in performing a major life activity sufficient to state a claim in the absence of medical documentation supporting the claim?
No. Courts in the Second Circuit have consistently ruled that the employee's testimony alone is insufficient to establish a showing of 'substantial limitation.' Rather, an employee must come forward with credible medical evidence substantiating the alleged limitation. Baerga v. Hospital for Special Surgery, 2003 WL 22251294 (S.D.N.Y. 9/30/03).
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