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State's definition of "disability" does not require a substantial limitation on a major life activity
April 13, 2006 by Ross Runkel at LawMemo
States often adopt definitions of basic concepts that are different from the federal definitions. "Disability" is one.
The federal Americans with Disabilities Act (ADA) says that to be "disabled" one must show that an impairment results in a substantial limitation on a major life activity.
The State of Maine is different. Maine did not adopt the federal standard, so a substantial limitation on a major life activity is not something that has to be demonstrated.
True, even though the Maine Human Rights Commission adopted a regulation that tracked the federal standard. That regulation was invalid.
Not that the Maine Supreme Judicial Court was unanimous. They split 4-3.
Whitney v. Wal-Mart (Maine 04/11/2006).
| Employment Law Memo notified its readers about this case on 04/14/2006. |
So the message is clear. Always check out the local laws. Sometimes the definitions are different, often more employee-friendly. Sometime the remedies are different. Sometimes the statutes apply to smaller employers than the federal statutes reach.
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Editor: Ross Runkel, Professor of Law Emeritus. email Ross@LawMemo.Com, Phone 503-399-8028. Copyright LawMemo, Inc.
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