Golden Gate University Law Review


Beryl Slavov


The Americans with Disabilities Act of 1990 (ADA) requires employers to provide reasonable accommodations to its disabled employees to enable them to perform the essential functions of their position} In Johnson v. State of Oregon, the United States Court of Appeals for the Ninth Circuit determined the circumstances in which the doctrine of judicial estoppel could bar a claim under the ADA when the litigant has sought or received disability benefits. Because this was an issue of first impression, the court relied upon Federal Guidelines and case law from other circuits to conclude that the pursuit or receipt of disability benefits does not per se bar an individual from making a claim against his or her former employer under the ADA.