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Can Being Short Be Considered a Disability Under the ADA?

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By Eric B. Meyer

Barbara Joy McElmurry worked for the Arizona Department of Agriculture.

In a Complaint she filed in federal court, she alleged that her supervisor forced her into a field work position in which she would not be able to drive vehicles because she was too short (4’10″). So, McElmurry asserted a claim for discrimination on the basis of disability, namely, her short stature.

So, could height (or lack thereof) be a disability? (more…)


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