Earlier this month (December 3, 2019), the Sixth Circuit Court of Appeals issued a favorable opinion for employee rights under the Americans with Disabilities Act (ADA). In Morrissey v. Laurel Health Care Company, the plaintiff was a licensed practical nurse that was forced to quit her job because her employer would not accommodate her work restrictions, which included a reduced or modified work schedule. The employer had a policy that denied accommodations and work restrictions unless they were due to a work related injury. Our Columbus ADA Disability attorneys provide a full analysis in this article.
What types of accommodations are individuals able to request so that that they can perform their job despite a medical condition? The answer is not as straightforward as you might expect. The Americans with Disabilities Act of 1990, or the ADA, is one of the most complex employment laws. Our Ohio ADA Lawyers walk you through reasonable accommodations under the ADA. Continue reading “What is a “Reasonable Accommodation” Under the ADA?”
Discriminating against or terminating an employee because he or she is overweight is generally not unlawful. Weight is not a protected class under Title VII, however, weight can be a characteristic of a medical condition. Thus, in certain situations taking an adverse job action against an employee based on his or weight (too heavy or too thin) can be a violation of the ADA. The Amendments Act to the ADA provides an expansive definition of medical conditions that render a person disabled under the law. An individual must be able to perform the essential functions of his or her job with or without a reasonable accommodation. If a medical condition causes an increase or decrease in weight, but you are still able to perform your job with or with accommodation, an employer’s adverse job action taken against you due to your weight violates the ADA. Make sure your employer understands that you have a medical condition and that you request an accommodation, if necessary.
Continue reading “Can weight or obesity be a protected class or a disability? Sometimes, under the ADA.”
Thinking about filing a lawsuit against your current or former employer? This article lays out some crucial steps to take before your bring the action. Remember: make sure you put everything in writing. Even if you have a conversation, follow it up with an email to the person summarizing the contents of the conversation. Eliminate he said/she said! Read the Full Article Here.