USCA 1st: Inability to Do Job Not ADA Disability

The United States Court of Appeals for the First Circuit ruled last week that difficulty performing one particular job does not amount to a "disability" for purposes of the Americans with Disabilities Act (ADA). In Guzman-Rosario v. UPS, Inc. (02/03/05 - No. 04-1046 ) Guzman felt pain in her left side and entered a hospital for a three-day stay in November 1997. She was eventually diagnosed with ovarian cysts. Surgery was deferred for about eight months but the cysts did not disappear so they were surgically removed in July 1998, restoring Guzman to health. When she was hospitalized, Guzman ...