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Minor lifting restriction doesn’t mean ADA disability

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in Employment Law,Human Resources

Not every injury causes a disabling condition that qualifies for ADA protection.

Recent case: Nathan Morphew worked as a project manager. He in­­jured his back in a workplace fall. Sev­­eral days later, he sought treatment with a chiropractor who re­­stricted lifting to no more than 20 pounds.

Morphew was terminated shortly after during a purported reduction in force. He sued, alleging that he was fired because of his disability. The employer argued that it neither considered Morphew disabled nor was he disabled.

The court agreed. It said a minor lifting restriction wasn’t enough to trigger ADA protection.

Plus, Morphew could clearly still do his job without any accom­modations since his work didn’t require any lifting. (Morphew v. Lawhon & Asso­ciates, No. 2:10-CV-716, SD OH, 2011)

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