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Short illness does not an ADA disability make

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in Discrimination and Harassment

The 11th Circuit Court of Appeals has rejected the notion that a short illness with few long-term consequences is a disability covered by the ADA.

Recent case: Erica Jones con­tracted a highly contagious staph in­­fection, which prevented her from working for 10 days. When she was fired shortly after returning to her job, she sued, alleging disability discrimination under the ADA.

The court said that since she didn’t have any lasting aftereffects from the infection, she couldn’t argue she was disabled. And because her employer allowed her to work for almost a month before discharging her, she couldn’t show it regarded her as unable to work due to a disability. The case was dismissed. (Jones v. STOA, No. 10-12911, 11th Cir., 2011)

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