• Eligibility for employer's rehabilitation program did not constitute sufficient proof of "disability" for purposes of federal statute
  • July 9, 2007
  • Law Firm: Dickie, McCamey & Chilcote, P.C. - Pittsburgh Office
  • Whether an individual is "disabled" for purposes of the Americans with Disabilities Act (ADA) or the Rehabilitation Act (Rehab Act) is a determination made on a case-by-case basis. To establish such disability under either Act, an individual must show that he or she suffers from a medical or psychological impairment that substantially limits a major life activity. The 1st U.S. Circuit of Appeals addressed the argument -- made by an employee of the U.S. Postal Service -- that placement in a "rehabilitation position" for employees with permanent work restrictions was conclusive evidence of a qualifying disability for purposes of the federal disability discrimination statutes. In that case, the Court found that such placement was not evidence of a qualifying disability under the statutes without the existence of a substantial limitation of a major life activity. Rolland v. Potter, 1st Cir., No. 06-2536, June 28, 2007.