It is common scenario where an employee’s leave of absence for a serious medical condition exceeds the 12 weeks provided for by the Family Medical Leave Act. So what can an employee do in this situation? An employee can request an extended leave of absence as a reasonable accommodation under the Americans with Disabilities Act […]
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
Can Weight Or Obesity Be A Protected Class Or A Disability? Sometimes, Under The Ada. Read More »
Title I of the Americans with Disabilities Act (the “ADA”) restricts an employer’s ability to make disability-related inquiries or require medical examinations. The laws and rules depend on the stage of the relationship: pre-offer, post-offer but pre-employment, and during employment. This post relates to medical inquiries and examinations of an employee during employment. Certainly, no one
What Medical Exams And Inquiries Can An Employer Make Of An Employee Under The Ada? Read More »
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
What Is A “reasonable Accommodation” Under The Ada? Read More »
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
If you cannot perform your job due to a disability, and you request to be reassigned to a job you are able to perform as an ADA accommodation, can your employer make you compete for this open position with other job applicants? This likely depends on where you live. Our Columbus, Ohio ADA Disability attorneys provide a
Businesses throughout the country are beginning to reopen. While many people who may have experienced layoffs or reduced hours anxiously await returning to work, this poses a grave concern for employees who, because of a medical condition, are at high risk should they become ill with COVID-19. Can you be forced to return to work,
