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A Sufficiently Severe Temporary Impairment May Constitute a Disability

Posted on January 31, 2014

There is no question that the ADA Amendments Act of 2008 (“ADAAA") broadened the meaning of “disability and provide employees even greater protection under the ADA. However, there remain some areas of uncertainty with regard to this new, broader definition. One such question was how the permanence of an impairment (or lack thereof) would affect the disability determination. The Fourth Circuit addressed this issue head on in Summers v. Altarum Institute, Corp., No. 13-1645 (4th Cir. January 23, 2014) and, while noting that it was the first appellate court to apply the expanded definition of “disability” under the ADAAA, concluded that a severe temporary impairment can constitute a disability.…

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