Inability to Sit Can Be a Disability Under the ADA

Is the inability to sit for an extended period of time a disability under the Americans with Disabilities Act?  One court has said that it could be.  In Parada v. Banco Industrial de Venezuela, C.A., Case No. 12-3525 (2^nd Cir., Mar. 25, 2014), the United States Court of Appeals for the Second Circuit has asked the trial court to decide whether the plaintiff’s condition meets the definition of disability under the ADA. The questions for the trial court are whether sitting is a “major life activity” and whether plaintiff’s condition substantially limited his ability to sit.   The case is noteworthy because the appeals court did not completely reject plaintiff’s claim that the inability to sit for a prolonged period is an ADA disability. 

David W. Neel - Employee Rights Attorney