Fourth Circuit Rules Temporary Impairment May Be A Disability Under The ADAAA

In late January, the U.S. Court of Appeals for the Fourth Circuit held in Summers v. Altarum Institute Corp., No. 13-1645 (4^th Cir. Jan. 23, 2014), that "a sufficiently severe temporary impairment may constitute a disability." This opinion is the first published federal appellate court opinion to apply the expanded definition of disability contained in the Americans with Disabilities Act Amendments Act of 2008 (ADAAA).

Procedural History 

The employee worked at the site of his employer's client as an analyst conducting research, writing reports, and making presentations.  The employer allowed employees to work remotely if the client approved, but this client generally preferred to have contractors work on site.  In October 2011, the employee injured himself while exiting a commuter train on his way to work.  The serious injuries to the bones and tendons in his legs required the employee to undergo two surgeries.  The employee's doctors prohibited him from putting