United States Court of Appeals For the Seventh Circuit
Employment — ADA
A temporary spike in blood pressure and loss of vision is a covered disability under the ADA.
“Gogos’s episode of a blood-pressure spike and vision loss are covered disabilities. He attributes both problems to his longstanding blood-pressure condition, and the ADA’s implementing regulation lists hypertension as an example of an ‘impairment that may be episodic.’ Under the 2008 amendments, ‘[t]he fact that the periods during which an episodic impairment is active and substantially limits a major life activity may be brief or occur infrequently is no longer relevant to determining whether the impairment substantially limits a major life activity.’ 29 C.F.R. Pt. 1630, App. at Section 1630.2(j)(1)(vii). Instead, the relevant issue is whether, despite their short duration in this case, Gogos’s higher-than-usual blood pressure and vision loss substantially impaired a major life activity when they occurred. See id. Construing the complaint generously and drawing reasonable inferences in Gogos’s favor, we conclude that they did. Gogos alleges that his episode of ‘very high’ blood pressure and intermittent blindness substantially impaired two major life activities: his circulatory function and eyesight. 42 U.S.C. § 12102(2). Accordingly, he has alleged a covered disability.”
Vacated and Remanded.
Appeal from the United States District Court for the Northern District of Illinois, Shadur, J., Per Curiam.