Are Temporary Medical Conditions Considered Disabilities?
By Troy D. Thompson, JD, Axley Brynelson, LLP
Tag: disabilities
Conflicting Perceptions about Disabilities, Inclusion Plague Workplaces
Results of a new survey by The Hartford show a gap between what Americans say about themselves, and what they think about others, when it comes to disabilities in their workplace.
Ask the Expert: Mandatory Physical for Health Coverage?
Can an employer require an annual physical in order to sign up for the employer-sponsored health plan?
ADA: Nebraska Supreme Court Adopts Standard for Employee FFD Exams
By Bonnie M. Boryca, JD Some jobs require employees to be able to perform particular physical tasks. An employer may require applicants for those jobs to submit to a medical exam before beginning work. In certain circumstances, you may even require a current employee to submit to a medical or “fitness-for-duty” (FFD) exam to ensure […]
Court Issues Guidance to Employers Facing ADA ‘Regarded As’ Claims
By Jenie Van Hampton, JD A recent case decided by the U.S. 7th Circuit Court of Appeals—which covers Illinois, Indiana, and Wisconsin—provides helpful guidance for addressing “regarded as” disabled claims brought under the Americans with Disabilities Act (ADA).
Driver’s ADA Claim Hits a Red Light
By Gregory J. Wartman, JD A Pennsylvania federal court recently considered an employee’s Americans with Disabilities Act (ADA) claims for disparate treatment, harassment and retaliation.
Disabilities: Employers Must Listen Carefully to Requests for Accommodations
By Teresa Shulda, JD Sometimes it seems obvious that certain jobs require certain abilities. For example, pilots must have good vision to fly planes. And firefighters must be physically able to rescue people from burning buildings. But with other jobs, the job qualifications aren’t so obvious. That means the interactive dialogue between employers and employees […]
Ask the Expert: I’ve Got an FMLA Headache!
I have an employee who has FMLA for headaches. She said she can no longer work more than 8 hours a day. She has also requested to be changed to a different shift and department, saying that is easier on her eyes/for her headaches. We do not have any openings on the shift she requested. […]
ADA: Did Employer Have the Right to Discharge Employee for Lingering Wound?
By Libby Rasmussen, JD Employers can find themselves between a rock and a hard place when an employee’s illness or injury poses a risk to other people—e.g., patients, customers, and colleagues. Employers have an understandable desire to keep others out of harm’s way, but they could face a disability discrimination suit if they don’t execute […]
FMLA and ADA Interplay Quiz: Reinstatement After Leave
Here, we present a workplace scenario where the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) may both apply. Then we provide relevant information about each law and what advice should be given to the employer or what action should be taken regarding ADA and FMLA interplay.