Is this an ADA disability? – Temporary back pain, with chiropractor's limitations on lifting and bending.

[Morgan v. Allison Crane (3rd Cir 09/04/2024) [PDF] prompted me to ask this.]

First, don't be fooled by "temporary." Years ago the US Supreme Court held that an impairment must be “permanent or long term” in order to qualify. But Congress changed that in the ADA Amendments Act (ADAA) in 2008. "Temporary" is no longer a show-stopper.

Congress mandated that the “definition of disability . . . shall be construed in favor of broad coverage of individuals” and “to the maximum extent permitted.” In response, the EEOC explained that even an impairment that is expected to last less than six months can constitute an actual disability “if it substantially limits the ability of an individual to perform a major life activity as compared to most people in the general population.”

Second, consider what major life activities are involved. In our example, we have lifting and bending. An EEOC regulation specifically lists lifting and bending as major life activities.

Third, ponder "substantially limits." EEOC regulations say an impairment "need not prevent, or significantly or severely restrict” to be substantially limiting. They also say “substantially limits” should be “construed broadly in favor of expansive coverage.”

Fourth, the employee in the case cited above testified that “it hurt to sit, hurt to walk,” and it hurt to “turn[] left or right.” That was enough to prevent the employer from getting a summary judgment, but the ultimate winner will be decided by a jury.

Your results may vary. If you have this issue, consult a good employment lawyer.
(Not me, I'm an arbitrator.)