Originally published on the Employer's Law Blog
In Britting v. Department of Virginia, the United States Court of Appeals for the Third Circuit determined that the Americans with Disabilities Amendments Act of 2008 does not apply retroactively, meaning that claims based on conduct prior to September 25, 2008 are governed by the older, narrower definition of "disability."
Plaintiff – a medical transcriptionist – suffered from Irritable Bowel Syndrome ("IBS") which flared up in 2007. Because her transcription accuracy rate decreased during this time, her manager instructed that she submit all transcriptions for review before sending them to the medical care provider. Plaintiff consistently ignored that instruction and, consequently, she was discharged in 2007. Subsequently, she sued her employer for disability discrimination.
When plaintiff was terminated in 2007, the definition of "disability" under the Americans with Disabilities Act ("ADA") was interpreted narrowly and required a showing that the impairment had a permanent or long-term impact. In 2008, however, Congress passed the ADA Amendments Act ("ADAAA") expanding the scope of the "disability" definition under the ADA, in part, by including any impairment that is episodic or in remission if that impairment would substantially limit a major life activity when active. (For discussion of regulations pertaining to the interpretation of "disability" under the ADAAA, click here).
Plaintiff attempted to rely on the broader definition in the ADAAA but the Third Circuit disagreed explaining that it would unfairly increase liability for past conduct to apply the ADAAA retroactively. The Court also observed that every other circuit court to consider the issue thus far have all reached the same conclusion. Applying the narrower definition of disability, the Court determined that plaintiff could not establish her claim and upheld the District Court's decision to dismiss the case.
Based on this decision, an employee in New Jersey, Pennsylvania, Delaware, or the Virgin Islands who brings a claim for disability discrimination under the ADA based on conduct that occurred prior to September 25, 2008 must establish that he or she had a "disability" under the narrower definition that existed prior to the enactment of the ADAAA.
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