|
The Americans With Disabilities Act ("ADA") makes it unlawful for a covered employer to "discriminate against a qualified individual on the basis of a disability." The ADA defines "disability" as any of the following: (1) a physical or mental impairment that substantially limits one or more major life activity; (2) a record of having such an impairment; and (3) being regarded as having such an impairment. The ADA does not address the length of time an impairment must exist to qualify as a disability under the ADA.
ADA Amendments Act Expands Scope of Who is "Disabled": In September 2008, Congress passed the ADA Amendments Act of 2008 ("ADAAA"). The ADAAA was enacted to address a series of cases in which the United States Supreme Court had narrowly construed the term disability and suggested that temporary impairments could not qualify as a disability under the ADA. To achieve its purpose, the ADAAA provides that the definition of disability "shall be construed in favor of broad coverage of individuals under this chapter, to the maximum extent permitted by [its] terms" and that the term "substantially limits" must be interpreted consistently with this liberalized purpose. Congress also directed the Equal Employment Opportunity Commission ("EEOC") to revise its regulations to define the term "substantially limits" consistent with the broadened scope of the ADAAA.
The EEOC responded by promulgating regulations clarifying that "the term 'substantially limits' shall be construed broadly in favor of expansive coverage" and that substantially limited is "not meant to be a demanding standard." The EEOC regulation also states that "effects of an impairment lasting or expected to last fewer than six months can be substantially limiting" and that although "[i]mpairments that last only a for a short period of time are typically not covered," they may be covered "if sufficiently severe." As an example, the EEOC appendix states as follows: "If an individual has a back impairment that results in a 20-pound lifting restriction that lasts for several months, he is substantially limited in the major life activity of lifting, and therefore, covered under the first prong of the definition of disability."
Fractured Leg May be Covered "Disability": The Fourth Circuit Court of Appeals recently addressed the broadened scope of the term "substantially limits" mandated by the ADAAA in Summers v. Altarum Institute Corporation. In Summers, the employee, Carl Summers, was injured when he fell on a train platform. He fractured his left leg and right ankle, and sustained several other related injuries. He underwent surgery and was advised that he would not be able to walk normally for up to seven months. Summers' employer, Altarum, placed him on disability leave. Summers subsequently contacted Altarum about a gradual return to work.
Altarum failed to respond to his request and, instead, notified Summers that it was terminating his employment in order to place another employee in his position.
Summers sued claiming that Altarum failed to provide him with reasonable accommodations for his injury as required by the ADA. Altarum countered that Summers was not disabled within the meaning of the ADA because his impairments were temporary. The trial court agreed with Altarum and dismissed the claim. Summers appealed. The appellate court reversed, finding that the broadened construction of "substantially limits" mandated by the ADAAA meant that the Summers' injuries, although temporary, qualified as a disability and Altarum was obligated to make reasonable efforts to accommodate Summers' return to work.
In reaching this conclusion, the appellate court stated that "[i]f, as the EEOC has concluded, a person who cannot lift more than twenty pounds for 'several months' is sufficiently impaired to be disabled within the meaning of the [ADAAA], then surely a person whose broken legs and injured tendons render him completely immobile for more than seven months is also disabled."
What Does This Mean For Employers: For purposes of the ADAAA, "disability" does not necessarily mean permanent or long-term impairment. An employer who receives a request for a reasonable accommodation from an injured employee, whether injured on the job or outside of work, must carefully consider both the severity of the injury and the anticipated duration of the injury to determine whether the employee qualifies as disabled under the ADAAA. While there is no hard and fast rule, if the injury is severe enough to warrant surgery and the employee is expected to be out of work for any significant length of time, the employee likely qualifies as disabled and is entitled to reasonable accommodations.
.....
The Devine, Millimet & Branch Labor, Employment and Employee Benefits Group offers this free bi-monthly E-Mail Alert service to provide information on recent developments in labor, employment and employee benefits law. If you have any questions about this e-mail, or if you know of anyone else who may be interested in receiving these alerts, please send us an email at employment@devinemillimet.com.
This E-Alert is provided for informational purposes only. It is not intended to serve as legal advice or legal opinion. Devine, Millimet & Branch, P.A. makes no representations that this is a complete or final description or procedure that would ensure legal compliance and does not intend that the reader should rely on it as such. Our attorneys are available to assist employers in their compliance efforts and to represent employers in matters before state and federal courts and administrative agencies. For more information, please contact the attorney(s) listed or the Devine Millimet attorney with whom you regularly work.
Copyright 2014 Devine Millimet & Branch, Professional Association
|
|
