Poper v. SCA Americas, Inc., 2012 U.S. Dist. LEXIS 113653 (Aug. 13, 2012)

An employee's purported back injury failed to qualify as an actual disability pursuant to the Americans with Disabilities Amendments Act.

The court determined that a former employee's purported back problem was not an actual disability under the ADA because the employee failed to "put forth evidence showing that his back problems constituted impairment substantially limiting a major life activity." While the court expressly noted that "[i]n the wake of the ADA Amendments Act of 2008 ("ADAAA"), it is now easier for a plaintiff to prove that he or she has a 'disability' within the meaning of the ADA," it held that the employee failed to sustain his burden of establishing that he had an "actual disability" under the ADAAA. In particular, the court reasoned that the while the employee had a long history of back problems, the only evidence of limitation with respect to the back problems consisted of pain following a car accident. Notably, the court found that the medical records from the emergency room immediately following the car accident reported "general back pain" but that the employee's medical records approximately two weeks later make no mention of "back pain" or how the purported back pain substantially limited a major life activity. Accordingly, the court dismissed the employee's disability discrimination pain, noting that "[t]he proffered evidence would not allow a reasonable juror to conclude that [the employee's] limitations were anything more than temporary impairments."

Case Law Alert - 4th Qtr 2012