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Discrimination case over broken arm can proceed

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A broken arm can be considered a disability under the Americans with Disabilities Act that should be accommodated, says a U.S. District Court in refusing to dismiss a discrimination charge filed by a worker who was terminated after she continued to need accommodations for her injury.

The Feb. 15 ruling by the U.S. District Court in Greeneville, Tennessee, in Judy Mullenix v. Eastman Chemical Co. is a reminder to employers that even an apparent short-term temporary condition may be considered a disability under certain circumstances, says an attorney.

Ms. Mullenix, who began working for Kingsport, Tennessee-based Eastman Chemical in 1989, tripped and fell at work and broke her arm in October 2012, according to the ruling. She eventually needed two surgeries for her injury.

Eastman put her on light-duty assignment but terminated her in October 2013 on the basis it could not accommodate her temporary activity restrictions on an ongoing basis because there were several essential job duties she could not perform. Ms. Mullenix filed suit, charging violation of the ADA.

The court refused to dismiss her case, saying Ms. Mullenix was disabled within the meaning of the ADA. The “pertinent inquiry is not whether plaintiff’s restrictions were labelled ‘temporary’ or ‘permanent’ or the precise length of time she was under restrictions, but whether she was essentially limited in a major life activity,” said the ruling.

“Eastman argues that plaintiff has not identified any major life activities in which she is limited because the only things she cannot do is mow her lawn and yard work, which are not major life activities,” said the ruling.

However, she has testified she cannot perform certain job duties without assistance because of her lifting and reaching limitations, said the ruling.

 The court also said there are “genuine issues of material fact in dispute” as to whether Ms. Mullenix could have performed the essential functions of her job with reasonable accommodation, although it did rule Eastman is entitled to summary judgment on her retaliation claim.

Eric B. Meyer, a partner with Dilworth Peon L.L.P. in Philadelphia, who is not involved in the case, said, “This case is a reminder to employers that the old-school thinking that a short-term, temporary condition isn’t a disability is in many ways a misnomer.”

“There are certainly times when a common cold or a flu wouldn’t be a disability,” but “broken bones can have a lingering effect,” and it can take a while for someone to be able to engage in major life activities without any substantial impairment, he said.

“Don’t waste energy” on whether a person has a disability, he said. “The mindset has to be on, ‘What can we do to help you?’”

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