Temporary Disabilities – No Need To Worry About The ADA, Right? Think Again

Before Congress passed the 2008 Amendments to the Americans With Disabilities Act (“ADA”), courts generally held temporary disabilities were not covered by the ADA.  Thus, if an employee had a temporary condition such as a broken leg or acute bronchitis, employers after the 12 weeks of  Family Medical Leave Act (“FMLA”) leave ended, often required employees to return to work or be terminated from their employment.  In the first Court of Appeals decision to address this issue, Summers vs. Altarum Institute Corp., No. 13-1645 (4th Cir. January 23, 2014),  the United States Court of Appeals For The Fourth Circuit (“Fourth Circuit”)  held that after the 2008 Americans with Disabilities Act Amendments Act (“ADAAA”), the ADA now protect persons with temporary disabilities which are “severe.”

To read this blog click here...