Spitz, The Employee’s Law Firm employment attorneys have repeatedly blogged about how broad the definition of disability has become since President Bush signed the Americans with Disabilities Act Amendments Act of 2008 (ADAA) into law. The ADAA significantly changes to broadened the definition of the term “disability” by rejecting several Supreme Court decisions and portions of Equal Employment Opportunity Commission’s ADA regulations. Previously, in order to have a claim, an employee would have to have a permanent condition that substantially limited major life activities. But, under the ADAA, there is no durational minimum with respect to an impairment and the ADAA provides that impairments lasting or expected to last fewer than six months can still be considered substantially limiting. Therefore, short-term impairments now can be a disability as defined by the ADA.
For example, in facts asserted in a disability discrimination suit, Patricia Pittman suffered a leg fracture requiring surgery while working at Caddell Construction Company. Following surgery, Pittman requested the accommodation of a wheelchair ramp to enter the office and to be allowed to use her crutches and a walker. Within days after her request for a clearly reasonable accommodation, Caddell declined the request for the accommodation and fired Pittman.
As a result of failing to recognize Pittman’s broken leg as a disability, Pittman had to defend a lawsuit by paying its attorneys and then settle the disability discrimination claims for agreeing to pay $125,000.
If you are disabled or your employer perceives you as being disabled; and you have been fired, wrongfully terminated, discriminated against, demoted, wrongfully disciplined, denied wages, or even think that you might need a disability discrimination lawyer, then call the right attorney to schedule a free and confidential consultation at 866-797-6040. The best option is not to wait. Spitz, The Employee’s Law Firm, and its attorneys are experienced and dedicated to protecting disables employees’ rights under ADA and Ohio law.
The materials available at this employment law website are for informational purposes only and not for the purpose of providing legal advice. It would be best for you to contact an Ohio attorney to obtain advice with respect to disability discrimination questions or any particular employment law issue. Use and access to this employment law website or any of the links contained within the site do not create an attorney-client relationship. The legal opinions expressed at or through this site are the opinions of the individual lawyer and may not reflect the opinions of Spitz, The Employee’s Law Firm, attorney Brian Spitz or any individual attorney.