Snakes alive! or, What's a disability, anyway? 01-07-01
- By Ann F. Kiernan, Esq.

Think you understand the Americans With Disabilities Act? See if you can predict he outcome in this case:

Marilyn Anderson was a hospital switchboard operator. She was also afraid of snakes. In fact, Ms. Anderson claimed that her condition prevented her from working where snakes had been seen, and that any encounter with a snake would render her completely hysterical, thus limiting her ability to drive.

After she learned that a snake had been seen in her work area, Ms. Anderson refused to return to her position, and took a medical leave for several months. The hospital called an exterminator to prevent a reoccurrence, then transferred Ms. Anderson to a lower-paying nursing assistant position in another building. Ms. Anderson sued, claiming that the hospital's refusal to return her to her original job or pay scale had violated the ADA.

What do you think? Is a paralyzing fear of snakes a disability?

No, said the Eighth Circuit Court of Appeals. To qualify as an ADA "disability", an employee's physical or mental impairment must substantially limit one or more major life activities. Ms. Anderson claimed she was substantially limited in her abilities to drive and to work. Not so, said the court. Ms. Anderson's temporary attacks of hysteria did not permanently impair her driving skills, so no substantial limitation there.

As for working, the most Ms. Anderson was able to prove was that she was incapable of being a switchboard operator for that hospital. She was not substantially limited in her ability to work in general, since, as the court noted "a comfort level with snakes is simply not a requirement for most jobs".

Anderson v. North Dakota State Hospital, 232 F.3d 634 (8th Cir. 2000)

Want to know more about the Americans With Disabilities Act? You'll find dozens of FAQs here.

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.