“Disability” Defined for Disability Discrimination by Federal Appeals Court Decision
The Federal appeals court which hears New Jersey cases issued a precedential decision explaining the definition of “disability” for purposes of disability discrimination under the Americans with Disabilities Act.
Background
Andrew Morgan was employed by Allison Crane & Rigging LLC as a millwright laborer. On September 29, 2020 he injured his lower back on the job. He advised his supervisors, but continued his shift even though he was in “severe pain.” He then saw a chiropractor who diagnosed Morgan with a bulging or herniated disc in his lower back. He began treatment twice a week, and had pain when he sat, walked or turned. The chiropractor placed him on light duty, which he advised his supervisors of in a meeting on October 7, 2020; they advised him not to file a workers compensation claim. The light duty was to continue until November 25th, at which point the chiropractor advised that he could resume his full duties.