Frank Morris, Jr., a Member of the Firm in the Labor and Employment and Litigation practices, in the Washington, DC, office, was quoted in an article titled, “Migraine Case Sheds Light on Employers’ ADA Headaches,” written by Ben James.
Following is an excerpt:
The Tenth Circuit’s recent ruling that a former medical assistant who suffered from migraines wasn’t disabled under the Americans with Disabilities Act offers a glimmer of hope for employers dealing with the sharp rise in ADA claims, attorneys say.
On Dec. 21, the appeals court affirmed the dismissal of Alethia Roselle Allen’s ADA case against her former employer, SouthCrest Hospital. Allen, a medical assistant, alleged the hospital had breached the law by denying her reasonable accommodation for her migraines, and SouthCrest successfully moved for summary judgment, arguing the plaintiff was not disabled.
The SouthCrest decision indicates that an ADA plaintiff who claims to have an impairment that substantially limits only his or her ability to work is likely to arouse skepticism from the court, according to Epstein Becker Green’s Frank Morris.
“That is still an area that is looked at with suspicion, if you cannot identify other major life activities that are affected,” Morris said.