Broken Bones

more+
less-

Cases under the ADA Amendment Act are finally reaching the courts of appeals. In what might be the first case to reach the appellate level on an issue other than whether the statute applied retroactively, the 4th Circuit has determined the following: A plaintiff can plead a sufficiently severe impairment and substantial limitation if he alleges that, after an injury in which he broke both legs and had to undergo multiple surgeries, he was unable to walk for at least seven months. In this case, the employee was a contracted employee assigned to work in a client’s office. He could work remotely, but only after hours to put additional time in on the project. After he fell and broke both legs, he asked for an accommodation – working from home. The employer fired him – we can assume it was because he could not satisfy the client’s demand that work during standard office hours be done at the client’s facility. The trial court dismissed the wrongful discharge and failure to accommodate claims on the ground that the plaintiff had not alleged a disability under the ADA. Applying the ADAAA and the EEOC’s regulations, the court of appeals saw the case differently and reinstated the claim. A severe injury might be a disability, even if it lasts only a few months. Summers v. Altarum Institute, No. 13-1645 (4th Cir. Jan. 23, 2014).

Written by:

Published In:

ADA

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Sherman & Howard L.L.C. | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×
Loading...
×