Tag: Reasonable accommodation

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.
Continue reading “Can weight or obesity be a protected class or a disability? Sometimes, under the ADA.”

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.