Tag: Reasonable accommodation

COVID-19: Do You Have to Return to Work? Legal Rights on Concerns About Returning to Work

Coronavirus-Return-to-Work-Legal-Rights

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, even if you don’t feel safe doing so? What kinds of legal protections are available to you in this situation? Your Ohio Employment Attorney breaks down what you need to know about your right to request a Reasonable Accommodation under the Americans with Disabilities Act.

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Is job reassignment a reasonable accommodation under the Americans with Disabilities Act (ADA)?

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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 full analysis of this issue and the current divide among the  U.S. federal courts. 

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What is a “Reasonable Accommodation” Under the ADA?

ADA Reasonable Accommodation Lawyers Columbus Ohio

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?”

What Medical Exams and Inquiries can an Employer make of an Employee under the ADA?

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.
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Can weight or obesity be a protected class or a disability? Sometimes, 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.
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Is your Leave going to exceed the 12 weeks provided by FMLA? You could still be protected under the ADA.

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 (ADA) (Remember: it is the employees burden to request a reasonable accommodation). This request then shifts the burden to the employer to show that an extended leave would cause “undue hardship.” Read the full article on Extended Leave under the FMLA and ADA.

For more information on the ADA, reasonable accommodations, and what constitutes undue hardship, check out the Equal Employment Opportunity Commission (EEOC) ADA fact sheet.