Can a Temporary Condition Be Considered a “Disability” Under the ADA?
The answer is yes, it can be, according to a recent case by a federal appeals court. Ever since Congress amended the ADA in 2008 to be more broad and inclusive in its scope, there has been some confusion about whether or not a temporary impairment can be classified as a “disability” under the ADA. The confusion arises because only one of the three definitions of “disability” excludes impairments that are “transitory and minor” with an “actual or expected duration of six months or less.”
Three Definitions of “Disability”
Under the ADA, a “disability” may take any of the following forms: (1) having a physical or mental impairment that substantially limits one or more major life activities. This is the so-called “actual disability” definition; (2) keeping a record of such an impairment that is the so-called “record-of” definition; or (3) being regarded as having such an impairment that is known as the ”regarded-as” definition.
The ”regarded-as” definition contained in the amended ADA provides that an individual will not be disabled if the impairment is “transitory and minor,” having an actual or expected duration of six months or less. The “actual” and “record-of” definitions contain no exclusion for temporary impairments.
Broken Leg and Ankle – You’re Fired
In this case, an employee fractured his leg and broke his ankle boarding a train on his way to work. His doctor said that he wouldn’t be able to walk normally for seven months at the earliest. The employee applied for and was granted short-term disability and also asked if he could work from home while he recovered. His employer told him that they would consider it, but they never followed up. Instead, his employer simply terminated him “in order to place another employee in his position.”
Even a Short-Term Impairment Can Be a Disability if Severe
Of course a lawsuit followed, claiming that he was fired because of his disability. The employer argued in its motion to dismiss the claim that because the effects of the injury were only temporary, the employee was not actually disabled. The trial court granted the motion to dismiss, but the appeals court reversed. The appeals court correctly pointed out that the regulations under the ADA clearly state that the effects of an impairment lasting or expected to last fewer than six months can be substantially limiting. Further, while it is true that impairments lasting only a short time are typically not covered, they may be covered if sufficiently severe. So, the case goes back to court to determine if the employee was “actually” disabled. It appears from the facts of this case that he was.
Lessons for Employers
If an employee’s condition is temporary, it is best to take a close look at the situation before assuming that a temporary condition does not qualify as a disability under the ADA. Indeed, it is often wise to explore possible accommodations with any employee who claims to have an impairment. Given the broad definitions of disability since the 2008 amendments, employers will have a very difficult time arguing that an employee was not actually disabled even in the short term.
Reference: Summers v. Altarum Institute, Corp., (4th Cir. 2014).
If you have any questions please contact Steve Lyman at slyman@wp.hallrender.com or your regular Hall Render attorney.
