Bus Driver’s Back Injury Did Not "Substantially Limited" A Major Life Activity

A bus driver for the Denver Regional Transportation District (RTD) who suffered a work-related back injury failed to show he was disabled by a physical impairment under the Americans with Disabilities Act (ADA).  The driver contended that his work-related back injury "substantially limited" the major life activity of sitting.

While one doctor's report set forth impairment rating and another doctor's report placed a restriction on his return to work as a bus driver, the court ruled that “this is not a case where the alleged impairment appears to be substantially limiting ‘on its face’ particularly given plaintiff's own testimony that he can drive and has been driving a truck for substantial periods of time.  Moreover, other than the reports of the doctors referenced above, plaintiff has produced no comparative evidence from which a reasonable inference can be drawn that his ability to sit is significantly restricted when compared to the average person in the general population.”  The court found the evidence was insufficient to prove the driver’s impairment substantially limited his sitting ability as required under the ADA.

The ADA provides a three-part definition of the term disability based on the definition of handicapped under the federal Rehabilitation Act.  For purposes of the ADA, an individual with a disability is a person who:

• has a physical or mental impairment that substantially limits one or more major life activities;

• has a record of such an impairment; or

• is regarded as having such an impairment.

Whether an individual is disabled within the meaning of the law must be assessed on a case-by-case basis, taking into account the actual effect the impairment has or had on the individual’s life and his or her ability to compensate for the impairment.

For a physical or mental impairment to be defined as a disability, the impairment or combination of impairments must substantially limit one or more major life activities.  Major life activities include caring for oneself, performing manual tasks that are of central importance to most people’s daily lives, walking, seeing, hearing, speaking, breathing, learning, working and participating in community activities.  In order to determine whether an impairment substantially limits a major life activity, the EEOC will consider:

• the nature and severity of the impairment;

• the permanent or long-term impact of the impairment; and

• the duration or expected duration of the impairment.

If you have any general questions regarding the ADA or a specific instance in your workplace that you need guidance on, HR-OneSource can provide help.  Please contact Jack Lipovac at lipovacj@hr-onesource.com or 515-221-1718.