The Americans with Disabilities Act of 1990 (ADA) prohibits employment discrimination against qualified individuals with disabilities. The Act covers all private employers with 15 or more employees, as well as state and local governments regardless of the number of employees.
The ADA Amendments Act (ADAAA), which was signed into law in...
The Americans with Disabilities Act (ADA) prohibits discrimination against qualified individuals with disabilities. It also requires that employers provide reasonable accommodations to enable qualified individuals with disabilities to successfully perform the essential functions of their jobs. While that seems clear-cut, court interpretations of...
Q If an employee is on some kind of medicine for his back and we notice it causes mood swings and hostility toward his manager, what rights do we have as the employer? May we require him to bring in a doctor's note? This could be a long-term issue with the employee. A You do have rights, but be careful. While it may seem at first blush that...
What do forgetfulness, menstrual cramps, and social awkwardness have in common? They're all symptoms of new mental health disorders recognized in the latest version of the Diagnostic and Statistical Manual of Mental Disorders (DSM-5), which is published by the American Psychiatric Association (APA).
The DSM-5 is widely used by healthcare...
Employers are beginning to understand that workers with sedentary jobs have a difficult time standing or sitting for long periods of time, regardless of whether they have a disability. Indeed, few people can sit or stand for hours on end without genuine discomfort. As a result, many companies schedule employees' breaks around their need to move...
Since the ADA Amendments Act (ADAAA) went into effect in 2009, it's rarely ever necessary for a court to consider whether an employee is "disabled" for purposes of the Americans with Disabilities Act (ADA). Even seemingly minor conditions such as migraine headaches, anxiety, and high blood pressure are now considered disabilities under the...
Since the passage of the Americans with Disabilities Act (ADA) in 1990, courts have issued many decisions on what is considered a "disability." In 2008, Congress felt the U.S. Supreme Court was too restrictive in its interpretation of "disability" and passed the ADA Amendments Act (ADAAA) to "clarify" the original intent of the ADA. The U.S. 4th...
Consider this scenario: During the snowstorm in February, one of your employees fell and sustained serious injuries to both legs. The employee underwent two extensive surgeries, and his doctor says he won't be able to walk for seven months. He has no leave available and asks about working from home. As a matter of policy, you don't allow...
Most employers know they cannot discriminate against employees because of pregnancy or childbirth. Pregnant employees' right to be free from discrimination arises from the federal Pregnancy Discrimination Act (PDA), which makes pregnancy discrimination a form of gender discrimination under Title VII of the Civil Rights Act of 1964. Other laws,...
A sewer mechanic who suffered from bipolar disorder, depression, anxiety, and attention deficit/hyperactivity disorder (ADHD) was fired three days after he asked not to be required to carry a pager for on- call night duty because of the side effects of his prescription medicine. He then sued his former employer, alleging he was subjected to...
