Legal Question in Employment Law in Oregon

Re: Is this discrimination?

Whether you have rights under the Americans with Disabilities Act depends on your status as a disabled person. The Supreme Court has consistently narrowed the range of who qualifies as disabled for purposes of protection under the ADA.

An individual with an impairment, but without an impairment sufficient to satisfy the statutory definition of disability, has no rights under the ADA even if the employer acted against the individual expressly on the basis of his or her impairment.

According to governing regulations, a �physical impairment� is any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genito-urinary, hemic and lymphatic, skin and endocrine. A �mental impairment� is any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. An impairment of little significance may not qualify as sufficient under the ADA.

To establish a disability, it must first be determined whether the condition constitutes an impairment. Second, the life activity must be identified and determined �whether it constitutes a major life activity. Finally, the impairment must substantially limit this major life activity.

�Major life activities" are basic activities that the average person in the general population can perform with little or no difficulty, such as walking, talking, and seeing, etc. In determining whether an individual is substantially limited, consider: (1) the nature and severity of the impairment, (2) the duration or expected duration of the impairment, and (3) the permanent or long term impact, or expected long term impact, of the impairment.

If your back condition seriously affects your activities of daily living, is of long duration, and affects a major life activity (e.g., walking, standing, etc.), it may qualify for protection. If protection does exist, the employer has an obligation to accommodate the needs resulting from the disability, unless to do so would constitute an undue hardship.

It is not possible to analyze your situation without a detailed examination of the precise effects of your back condition. You should consult an attorney.

NOTE: The above is offered for the purposes of discussion only. The law differs in every jurisdiction, and you should not rely on any opinion except that of an attorney you have retained, who has a professional duty to advise you after being fully informed of all the pertinent facts and who is familiar with the applicable law.