Parties Debate Whether Carpal Tunnel Syndrome is a 'Disability'
by
Joseph C. Maya on Apr. 07, 2017
Employment Employment Employment Discrimination Employment Labor Law
Summary: Blog post discussing whether Carpal Tunnel Syndrome constitutes a disability that should be protected in employment discrimination cases.
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In the case of Christophe v. People’s Bank, an employee alleged in her complaint that her employer advised her that if she could not find another position within the bank, she would be fired. The employee filed a two-count complaint alleging employment and disability discrimination in violation of Connecticut law and the Americans with Disabilities Act, respectively, because she had a disability. The employer filed a motion for summary judgment. For the employee to establish a case of discrimination, she must show that she was exercising a right afforded her under the act and that the employer discriminated against her for exercising that right. Specifically, she must establish: (1) her claim for worker’s compensation was a protected activity, (2) the employer’s action disadvantaged the employee and (3) a causual connection between the worker’s compensation claim and the employer’s adverse action.
The employer, a bank, employed the employee in its consumer loan servicing department. Her work duties included keyboard work for data entry. In July 1996, the employee made a workers' compensation claim for a condition known as carpal tunnel syndrome. Her doctor restricted her from typing for three months. To accommodate the employee's injury, the employer arranged for her to cease working on a keyboard, and assigned her to work in a transitional job. After the employee filed her suit, the trial court found that, examining the record in its entirety, particularly in light of the employee's minimal burden, there was minimally sufficient evidence to give rise to an inference of unlawful discrimination. The employee provided evidence that her condition, which became progressively worse over time to the point where her doctor told her to refrain from typing for three months. There was evidence that the employee's doctor allegedly advised her that she would have to change her job activity permanently in order for her symptoms to improve. As such, the trial court found that summary judgment was not appropriate.
The employer's motion for summary judgment was denied. The [employer] contends that the court should look to the Americans with Disabilities Act (ADA) determine whether the [employee] has a "disability" and argues that according to federal precedent, carpal tunnel syndrome is not a "disability" unless it substantially limits an employee from performing a major life activity and the plaintiff is not so limited” said the court. “In addition, there is evidence that the [employee’s] doctor allegedly advised her that she would ‘have to change her job activity permanently in order for her symptoms to improve.’ Under these facts, there is a genuine issue of fact as to whether the [employee’s] alleged condition is sufficiently debilitating to warrant recovery.”
If you feel you would like to explore your employment law options, contact the experienced employment law attorneys today at 203-221-3100, or by email at JMaya@mayalaw.com. We have the experience and knowledge you need at this critical juncture. We serve clients in both New York and Connecticut including New Canaan, Bridgeport, White Plains, and Darien.
Source: Christophe v. People's Bank, 2003 Conn. Super. LEXIS 1086 (Conn. Super. Ct. Feb. 19, 2003)
