Third Circuit Ruling on What Rises to the Level of a "Disability"

A Third Circuit Court of Appeals decision recently held that temporary pain may qualify as a disability under both the Americans with Disabilities Act (ADA) and the Pennsylvania Human Relations Act (PHRA)  if the employee can demonstrate that the impairment substantially limits one or more major life activities.

Applying the ADA Amendments Act of 2008 (ADAAA), which made it easier for individuals to prove they had a disability, the federal court in Pennsylvania held that a reasonable jury could find that the plaintiff’s back pain, even though temporary, constituted an actual disability because it substantially limited his ability to perform at least one major life activity compared to the population in general.

Employers have a duty to engage in an interactive dialogue with employees to try to accommodate disabilities.  The accommodation cannot cause an undue burden on the employer - and this will rarely be the case. If you have a health impairment, even one that is temporary or of short duration, talk to us to explore disability leave and reasonable accommodation options.