A nurse was restricted from lifting over 40 pounds after a diskectomy. The Eight Circuit holds that the general lifting restriction without more is insufficient to constitute a disability protected by the ADA.

A service worker had back injuries which “affected his life and the lives of his family members.” However, he did not have an ADA-protected disability because he was able to perform all major life activities. “While he continued to experience some pain and discomfort while performing some tasks and was not able to perform some activities to the extent that he would have liked, he never testified that he was unable to perform any major life activities.”

A 350 pound man was the most qualified candidate. Nonetheless, he was not hired by L.A. Weight Loss Centers Inc. because the company is “image conscious.” The Court found that the applicant was not protected by the ADA because he was not regarded as unable to perform a wide range of tasks.

The Tenth Circuit joins the Third and First Circuits holding that workers who do not have an ADA-protected disability but who are regarded as having such a disability are entitled to accommodations. Four other circuits disagree.