Can an employer terminate a disabled employee because accommodating the employee would create a significant risk of substantial harm to the employee or others in the workplace?
The are two classes of plaintiffs who may assert claims under the Americans with Disabilities Act:
We know that a disability is an actual impairment that substantially
limits one or more major life activities. But “regarded as” disabled?
What’s up with that?!?
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As some of you know, I serve as a pro bono mediator for the United States Equal Employment Opportunity Commission. Even though I’ve only been at it for about year, I’m starting to see the same faces. Most of the attorneys know the EEOC-enforced discrimination laws like the back of their hand — some even put me to shame. Others, not so much.
So, allow me to break those down for you after the jump.
It’s Monday morning. Johnny Lifts-A-Lot, an employee of Pennsylvania-New Jersey-Delaware, Inc. tells his manager that he’s going in for minor back surgery in a week and will have trouble lifting heavy objects for the foreseeable future thereafter. What are Pennsylvania-New Jersey-Delaware, Inc.’s obligations under the Americans with Disabilities Act?
Find out after the jump.
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