Reminder To Employers: Even Temporary Impairments Can Be A Disability Under The Law
Last week’s decision by the Third Circuit Court of Appeals , Morgan v. Allison Crane & Rigging LLC , stands as a reminder to employers to exercise caution in how they navigate accommodating employees with temporary medical conditions. After being diagnosed with a herniated disc, the plaintiff’s chiropractor recommended that his employer allow him to work light-duty for 30 days, which the company originally approved . But the company then fired the plaintiff after he declined to take a truck driving assignment on the basis that taking that assignment would have inflamed his back injury. The District Court rejected the plaintiff’s claim under the Americans with Disabilities Act (ADA) , finding his back pain was not a “disability” under the ADA because it was temporary and non-chronic impairment . Reversing and remanding to the trial court for further proceedings, the Third Circuit unanimously held on September 4, 2024 that the t rial court applied an incorr...