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Night blindness is a disability under the ADA, says Second Circuit.

Publication: Trial
Publication Date: 01-DEC-05 		Format: Online
Delivery: Immediate Online Access

Article Excerpt
The Second Circuit Court of Appeals has allowed a former New York City sanitation worker to sue the city--Which he claimed fired him when supervisors discovered he had night blindness--finding that the condition qualifies as a disability under the Americans with Disabilities Act (ADA). While acknowledging that little case law supports this finding, the court said a jury could reasonably find that the plaintiff suffered restriction of a major life activity. (Capobianco v. City of New York, 422 F.3d 47 (2d Cir. 2005).)

In 1998, the New York City Department of Sanitation (DOS) hired Anthony Capobianco as a sanitation worker. Capobianco, who is nearsighted, had tried to...

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