I suffer from a fear of bridges (overpasses, cliffs, large hills, etc.). It is quite life altering since I cannot drive on the highway. When interviewing for my current job, I specifically asked if there was any car travel involved and was told there was not. Now, the game is being changed and I'm told I will have to drive to another city 45 miles away to help support that division. I absolutely cannot do this. If the issue is pushed I will have to quit my job. I've been avoiding bridges and overpasses for 16 years. Is this considered a disability?

Ann Kiernan replies:

Probably not under federal law. To be considered a protected disability under the Americans with Disabilities Act, your physical or mental impairment must substantially limit one or more "major life functions." At least one federal appeals court has said that driving is not a major life function (Colwell v. Suffolk County Police Dep't, 158 F.3d 635, 643 (2d Cir. 1998), and another held that an employee whose phobia prevented her from driving anywhere unfamiliar was not substantially limited in the major life function of working. Sinkler v. Midwest Prop. Mgmt. Ltd. Pshp., 209 F.3d 678, 686 (7th Cir. 2000).

However, some states, such as California, have a more extensive definition of disability. Therefore, it is important for you to contact a local attorney to find out the law in your state.

Good luck.