Short-Term Impairments May Be a Disability, Federal Court Finds

Author: Melissa Burdorf, XpertHR Legal Editor

February 4, 2014

In the first federal appellate decision to apply the ADAAA's expanded definition of disability, the Fourth Circuit Court of Appeals held that a severe temporary impairment may count as a disability. Summers v. Altarum Institute Corp., 2014 U.S. App. LEXIS 1252 (4th Cir. 2014). While the 4th Circuit case only directly impacts employers in North Carolina, South Carolina, Maryland, Virginia and West Virginia, all employers should take notice because the 4th Circuit (an employer-friendly circuit) did a thorough analysis of the ADAAA's expansive view of what is considered a disability, and it is likely other appellate courts will follow its analysis.

In Summers, a senior analyst sued his employer claiming he was wrongfully terminated because of his disability and because his employer failed to provide him with a reasonable accommodation to help him perform his job. In his complaint, the employee alleged that:

  • He suffered a severe injury to his legs that was expected to immobilize him for around seven months;
  • While in the hospital, he contacted HR about short-term disability benefits and the option to work from home during his recovery;
  • HR agreed to discuss accommodations that would enable him to return to work but suggested he first take short-term disability and focus on his recovery;
  • The employee then reached out to his supervisors and suggested accommodations to help him return to work sooner, which were ignored (e.g., a plan to start working remotely part-time, and then increase hours gradually until he was full-time again);
  • Neither HR nor his supervisors ever suggested alternative reasonable accommodations, nor did they engage in the interactive process with the employee; and
  • Approximately one month later, he was terminated and replaced.

The lower court dismissed his case, finding the employee's injuries were only temporary and therefore not a disability. However, on appeal, the 4th Circuit decided that the severe nature of his injury, though temporary, was enough to render him disabled within the meaning of the ADAAA. The court held that the employer should have worked with the employee to find accommodations that would allow him to continue working and should have assessed whether he would be able to perform major life activities without taking into consideration mitigating factors (e.g., whether he could work in a wheelchair) or what treatments he had undergone for the injury.

It is unclear from this case how severe temporary conditions need to be or how temporary the condition can be for a court to rule that the condition is covered as a disability under the ADAAA. However, Littler attorney Maureen Lavery advises that all employers should:

  • Review temporary impairments on an individualized basis;
  • Advise supervisors and managers that short-term injuries or conditions may be considered disabilities under the ADAAA;
  • Advise supervisors and managers to focus on engaging the employee in an open-ended dialogue (i.e., the interactive process) to determine what accommodations, if any, can be provided to allow the employee to perform the job, even if the employee's condition is temporary;
  • Develop formal policies and procedures as to the protocol that should be followed when requests for accommodations are made and ensure that supervisors, managers and HR professionals handle requests for accommodations in a consistent manner; and
  • Document, document, document all discussions surrounding the employee's medical condition and accommodations.