Hypertension is not a Disability under the Old ADA
The Eastern District of Pennsylvannia, US district court, finds under the old ADA (ie, prior to the Jan 1, 2009 amendments) high blood pressure is not a disability which requires accommodation. Nmako v. Acme Markets. The employee had requested accommodation for migraine headaches, emotional stress and high blood pressure. The physician had told the employee that if he lost weight, worked no more overtime and took a diuretic, then he could manage his high blood pressure. Under the pre-amendment ADA, therefore, his illness was not a disability. Because under prior precedent, when treated, his hypertension did not limit his major life activities.
Now, of course, the 2009 amendment changes this completely. Now, we look at illnesses under their "un-treated" state.
