Under the Americans With Disabilities Act Amendments Act (ADAAA), employers have a viable defense to an Americans With Disabilities Act (ADA) “regarded as” claim if the impairment in question was “transitory and minor,” although transitory and minor impairments are ill-defined.
The ADA defines “disability” in three ways: (1) a physical or mental impairment that substantially limits one or more major life activities; (2) a record of such an impairment; or (3) being “regarded as” having such an impairment.
These provisions of the ADA are particularly problematic in the manufacturing setting, where minor injuries such as strains, scrapes, and sore muscles are more common than in many other industries. By their nature, manufacturing plants are demanding environments that require physical exertion and repetitive motions by workers. Despite regular safety trainings and the use of ergonomic tools and personal protective equipment, minor injuries can occur in these settings. Worrying about disability discrimination claims can make managing and disciplining employees more difficult in such a setting. Furthermore, it would be unsustainable for manufacturers whose business models depend on the uninterrupted operation of their plants if the ADA required them to engage in a time-consuming interactive process and search for reasonable accommodations whenever a foreman believed a worker might have a minor impairment.
To potentially limit the application of...
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