Like it or Not, the New ADA Covers Broad Disabilities – Even Torn Rotator Cuffs
Under the Americans with Disabilities Act, employers cannot discriminate against qualified individuals with a disability. For decades, employers successfully argued that injuries were not disabilities, but in 2009, the ADA was amended to broaden the definition of a “disability” to include any physical or mental impairment that substantially limits major life activities. In Cannon v. Jacobs Field Services, the Fifth Circuit Court of Appeals remanded the case for trial and stated that the expanded definition of “disability” covers torn rotator cuffs.
In Cannon, the employer was a construction firm that withdrew a job offer to Cannon after learning he had a rotator cuff impairment. The Fifth Circuit reasoned that “lifting and reaching” are major life activities, and Cannon’s impairment limited those life activities. Therefore, the rotator cuff impairment must be considered a disability under the ADA.
If you are an employee or have employees who have injuries, you should contact a knowledgeable employment or business law attorney before making any changes to the employment relationship like termination or demotion. You should also discuss whether the ADA requires that the employer make any reasonable accommodations to address the potential disability.
