Articles Posted in Disability

Hey, that blog title looks familiar. Oh yeah! I wrote about it here back in October.

This time around, another federal court, the Tenth Circuit Court of Appeals, has reaffirmed that while a “leave of absence may be a reasonable accommodation [under the Americans with Disabilities Act]”, the employee must provide a reasonable estimate of the amount work that will be missed. “Conversely, when the employee seeks leave, but it is uncertain if or when he will be able to return to work, a leave of absence is not a reasonable accommodation.”

Yesterday, Greece came through with a long-awaited economic reform deal. Congratulations to them.

What I want to know, however, is what the heck the Greek government was thinking when it recently expanded a list of state-recognized disability categories to include pedophiles, exhibitionists and kleptomaniacs. Bailout money back, please.

At Res Ipsa Loquitor, Jonathan Turley notes that the Greek government already recognizes pyromaniacs, compulsive gamblers, fetishists and sadomasochists as persons entitled to ask for government assistance.

To prove disability discrimination under the Americans with Disabilities Act (ADA), a plaintiff, at a minimum, must prove that:

1. she is disabled;
2. she is otherwise qualified to perform the job requirements, with or without reasonable accommodation; and
3. she was discharged (or otherwise suffered an adverse employment action) solely on account of her disability

After the jump, I have a recent federal court decision from Michigan which addresses the second prong above; specifically, whether and when working a minimum number of hours a week is an essential job function, such that if a disabled employee can’t work those hours, she can be fired — legally.

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The Americans with Disabilities Act (ADA) prohibits covered employers from discriminating against job applicants and employees on the basis of a disability. What is a disability, you ask? A disability is “a physical or mental impairment that substantially limits one or more major life activities.”

If your employee suffers from severe migraines that prohibit the employee from working, does the employee have a disability? Good question. It just depends on what “working” means. Click through and I have a good answer from a recent federal court decision…

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There is no federal law that specifically prohibits obesity discrimination. But is the Americans with Disabilities Act broad enough to cover discrimination against the obese? Well, if you read my blog regularly — Hi Dad! — you know that a hyper-obese Homer Simpson is not disabled, but this 680-pound Texas may be. So, we need a tiebreaker! And, it just so happens that I have one, after the jump…

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Back in June, I discussed here how the EEOC was discussing the use of leave from work as a reasonable accommodation under the ADA. The question I asked back then was how much leave is reasonable? When is enough, enough?

Well, I can tell you now — and I suppose I could have told you then — that indefinite leave is generally not an option for employees (unless the employer acquiesces). At least that’s what one federal court ruled last week. Details after the jump…

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In yesterday’s post, we looked at whether a morbidly-obese employee is protected under the Americans with Disabilities Act.

Today, let’s apply yesterday’s discussion to a “real-world” example. Is Homer Simpson disabled? And is the Springfield Nuclear Power Plant legally obligated to offer him a reasonable accommodation? The answers after the jump…

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Recently, the EEOC sued a Texas company, alleging that the company engaged in disability discrimination, in violation of the Americans with Disabilities Act, when it fired a 680-pound worker because he was morbidly obese.

Is that right? Can being overweight be considered a “disability” under federal law? And, if so, what can companies do to find themselves staring down the barrel of loaded ADA lawsuit? I’ll answer these questions after the jump.

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