Editor: Larry J. Rector

Employees still have heavy burden in proving ADA lifting restrictions

The ADA covers qualified employees or job applicants who have a physical or mental impairment that substantially limits a major life activity. Whether an impairment substantially limits a major life activity is decided on a case-by-case basis. Generally, however, employees with lifting restrictions have had a hard time proving those restrictions substantially limit a major life activity. The following decision by the Fourth U.S. Circuit Court of Appeals, the federal court of appeals over West Virginia, shows why their cases are often unsuccessful.

 

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