Although the sixth anniversary of the amendments to the Americans with Disabilities Act is coming up, the case law interpreting them is still developing. Exhibit A: Can a temporary impairment rise to the level of a covered disability?
The answer is “yes” according to a Jan. 23 decision by the U.S. Court of Appeals for the Fourth Circuit, Summers v. Altarum Institute Corp. The court laid out the facts. An employee fell, sustaining a variety of injuries to his legs, including a fracture to his left leg. That fall left him unable to walk for seven months. Without surgery, pain medication and physical therapy, the injury likely would result in his inability to walk for far longer. The employee injured himself on Oct. 17, 2011, and the employer fired him on Dec. 1, 2011, in order to replace him.
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