Recently, a federal appeals court determined that temporary pain may be a “disability” under the Americans with Disabilities Act (ADA) and the Pennsylvania Human Relations Act (PHRA), entitling employees to certain job accommodations and protections. This precedential decision from the Philadelphia-based Court of Appeals for the Third Circuit places employers on notice that an employee with an injury of short duration will likely still be deemed “disabled” for ADA purposes, if they can demonstrate that the impairment substantially limits one or more major life activities. What does this mean for PA employers?
The case: Andrew Morgan v. Allison Crane & Rigging LLC
In the case of Andrew Morgan v. Allison Crane & Rigging LLC, Mr. Morgan suffered a back injury at work and was limited to “light duty” work by his chiropractor for a period of approximately eight (8) weeks. Allison Crane terminated Mr. Morgan’s employment after he refused to perform job duties which conflicted with his restrictions, but where he still reported for work and expressed a desire to perform other duties which were consistent with his restrictions. After his termination, Morgan sued Allison Crane for disability discrimination.
Initially, the trial court granted summary judgment to Allison Crane and effectively dismissed the case, finding that Mr. Morgan’s back pain did not rise to the level of a “disability” because the pain was:
- transitory (e.g., he was placed on lifting restrictions for less than six (6) months); and
- minor (because he missed no work, his restrictions were only mildly limiting, he had no other restrictions, and he required no surgery)
The trial court said that Mr. Morgan faced an “insurmountable hurdle” in his case because, in a prior decision by the Third Circuit, the court held that “[a] temporary non-chronic impairment of short duration is not a disability covered by the [ADA and PHRA].” (emphasis added).
However, in deciding Mr. Morgan’s appeal from summary judgment, the Third Circuit said that its prior decision was based on events that occurred prior to the effective date of the ADA Amendments Act of 2008 (ADAAA) – an amendment of the ADA that made it easier for individuals to prove that they had a “disability.” The Third Circuit said that under current law, “a reasonable jury could find that [Mr.] Morgan’s back pain, though temporary, nonetheless constituted an actual disability because it substantially limited his ability to perform major life activities as compared to most people in the general population.” So, the appeals court reversed the decision of the trial court and allowed Mr. Morgan to proceed against Allison Crane on his claim of disability discrimination under the ADA.
Also, notably – though in a footnote – the federal appeals court ruled that even though the Pennsylvania legislature did not amend the PHRA in a way similar to the ADAAA, the ADA and PHRA should be interpreted in the same way. Thus, Mr. Morgan was also “disabled” under state law and allowed to proceed on his disability discrimination claims under the PHRA.
How PA employers will need to rethink “disability” 
Given the decision in Morgan, PA employers who are presented with an employee requesting some type of job accommodation and claiming to have a health or medical impairment – even one which is temporary and of short duration – should proceed with caution and presume that the impairment qualifies as a “disability” because, going forward, we expect that courts will find most impairments that substantially limit at least one major life activity to be disabilities. And, if employers fail to engage with the affected employee to determine if there is a reasonable accommodation that can be made without imposing an undue burden, they may find themselves on the losing end of a disability discrimination case.
PA employers should make sure that managers and human resources staff understand that even brief or temporary employee health or medical conditions may trigger obligations to provide the employee with reasonable accommodations.
Legal support for PA employers
FLB’s Employment Law & Labor Relations Group helps employers navigate the myriad challenges, laws and regulations affecting the American workplace. With decades of combined experience in labor and employment law and a perspective earned as former judicial law clerks and trained mediators, they help employers avoid litigation and defend them when claims are filed. They work closely with business owners, executives, managers and human resource professionals to ensure compliance with local, state and federal laws governing the employer-employee relationship, reduce the risk of workplace claims, and increase workplace morale and productivity.
Contact us today to discuss any concerns you have about employee disability accommodations and more.
