ALERT: IN A MAJOR VICTORY FOR EMPLOYERS, THE SUPREME COURT HAS LIMITED THE REACH OF THE ADA

On January 9, in the case of Toyota v. Williams, the Supreme Court, in a unanimous ruling, reversed a Circuit Court of Appeals decision, and drastically limited the kinds of conditions that can be classified as "disabilities" under the ADA.

Basically, the Supreme Court ruled that a condition that limits an employee's ability to perform a job (like, in this case, carpal tunnel syndrome) is not necessarily a "disability" under the ADA. Rather, to qualify for ADA protection, "an individual must have an impairment that prevents or severely restricts an individual from doing activities that are of central importance to most peoples' daily lives." So, even though an employee might not be able to perform certain job duties, that employee may well not be "disabled" for ADA purposes unless the employee's condition also restricts the person in their every day life, in a substantial way.

That is a monumental change from the way in which some courts have been interpreting the ADA, and opens a vast array of defenses that employers can assert to employee ADA suits. We will report on the implications of the decision in future issues, but wanted you to be aware of this most recent development presently.

Powell, Trachtman, Logan, Carrle & Lombardo, P.C. is a full service law firm with offices in suburban Philadelphia, PA, Harrisburg, PA and Cherry Hill, NJ. Powell Trachtman represents a variety of commercial enterprises, entrepreneurs and business executives in respect to their litigation, litigation avoidance planning, business formation, business transactions, estate and tax planning, and other needs. We are also approved defense counsel for numerous insurance carriers in matters pertaining to professional malpractice, products liability, employment practices, directors and officers liability, and many other fields. For more information, contact us at info@powelltrachtman.com and visit our website at www.powelltrachtman.com.

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