Carpal tunnel syndrome may not be disability under ADA

When is carpal tunnel syndrome a disability protected under the Americans with Disabilities Act? According to a recent federal trial court decision, carpal tunnel syndrome (CTS) is NOT a disability if it is short-term in duration. Even if it is a permanent disability, the employer is not required to reasonably accommodate if the employee is unable to perform the essential functions of the job.

In this case, the employee was a clerk typist whose job required a minimum of 4 hour of typing per day. She developed CTS, but refused to go to a doctor for almost two years. During this time, the employer attempted to find other positions for her, but there were no vacancies. Finally, she was placed on disability retirement. She eventually had surgery and was cleared to return to work approximately two and a half years after the first diagnosis.

The court held that typing was an essential function of the job, and since she could not type more than two hours a day, she was not a "qualified person with a disability." "A plaintiff in an ADA suit must prove that she was able to perform the essential functions of her job. An employer will not be required to reasonably accommodate an employee by eliminating or reassigning essential job functions."

WILMARTH v. CITY OF SANTA ROSA,
945 F.Supp. 1271 (N.D. California, 1996)

Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.