Impairment of Body Waste Is Limitation Under ADA: USCA 3rd

The U.S. 3rd Circuit Court of Appeals ruled that a physical impairment that limits an individual's ability to cleanse and eliminate body waste, commonly associated with kidney failure, does impair a major life activity under the Americans with Disabilities Act.In Fiscus v. Wal-Mart Stores, Inc. (10/05/04 - No. 03-2513), Fiscus, who was an employee at Wal-Mart, suffered from end-stage renal disease from 1998 until she received a kidney transplant in September 1999. End-stage renal disease means near-total kidney failure. From 1998 until September 1999, therefore, Fiscus was required to ...