Time is on her side: temporary disabilities under the ADA

The Americans with Disabilities Act (ADA) entitles employees to job protections when they suffer from disabilities. In 2008, Congress passed the ADA Amendments Act (ADAAA), which modified the ADA. The ADAAA and regulations adopted by the Equal Employment Opportunity Commission (EEOC) interpreting the law make clear the term “disability” should be interpreted broadly. Conditions that are minor and temporary (such as a cold or the flu) don’t count as disabilities under the ADA. A recent decision clarified, however, that a short-term illness or other temporary impairment may qualify as a disability if it is severe enough.

It's only temporary

Karen Shields was an HR department employee at Credit One Bank. Her job title was “HR Generalist I,” and the official job description listed physical requirements that were mandatory to perform the role successfully, including the ability to “use hands to finger, handle, [and] feel,” to “reach with hands and arms,” and, occasionally, to “lift and/or move up to 2 pounds.” The job description also stated, however, Credit One would provide reasonable accommodations so that a disabled individual could perform the position’s essential functions.

In January 2018, Shields suspected she had bone cancer and scheduled a bone biopsy surgery on April 20, 2018. The surgery was a significant procedure requiring a three-day hospitalization. The surgeon made a “10-centimeter skin incision” and created a window “into the bone measuring one centimeter in width by two centimeters in length.”