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Disabilities (ADA) (including ADA (Disabilities))
National Summary
The Americans with Disabilities Act (ADA) prohibits disability discrimination. In the workplace, employers cannot discriminate against a qualified individual with a disability. Reasonable accommodation by employers is required absent undue hardship. The ADA Amendments Act of 2008 (ADAAA) and its regulations significantly broadened the definition of disability, shifting the focus away from whether an individual has a disability and toward whether discrimination occurred.
The Genetic Information Nondiscrimination Act (GINA) prohibits genetic information discrimination against employees or job applicants.
Some states, such as California and Massachusetts have broader disability discrimination laws. Many states, including Texas, have laws that mirror the amended ADA. Most states have laws prohibiting disability discrimination and genetic information discrimination in the workplace.
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101749news.aspxDisabilities (ADA)News Manager Claims Disability Bias After Employer Requires Psychological Evaluation 04/28/2017National
101754news.aspxDisabilities (ADA)News Is Retroactive Leniency a Reasonable Accommodation for Kansas Employee? 04/27/2017National
101751news.aspxDisabilities (ADA)News Mississippi Employer's Inconsistent Discipline Warrants Jury Trial on ADA, ADEA Claims 04/24/2017National
101747news.aspxDisabilities (ADA)News Employer's Past Practices Can Actually Expand Liability for Failure to Accommodate 04/19/2017National
101736news.aspxDisabilities (ADA)News ADA and FMLA Best Practices Pay Off for Cash-Handling Company 04/17/2017National
101717news.aspxDisabilities (ADA)News Was Attendance an Essential Job Function for AT&T Customer Service Rep? 04/13/2017National
101724news.aspxDisabilities (ADA)News Citing Lack of Regulations, Court Dismisses Web Accessibility Suit Against Domino’s 04/05/2017National
101687news.aspxDisabilities (ADA)News Disability Discrimination: Terminated Cancer Survivor's ADA Claim Fails, Part 2 03/21/2017National
101686news.aspxDisabilities (ADA)News Disability Discrimination: Terminated Cancer Survivor's ADA Claim Fails, Part 1 03/20/2017National
101671news.aspxDisabilities (ADA)News Job Description Can't Do the Heavy Lifting in Determining Employee's Essential Functions 03/13/2017National
101656news.aspxDisabilities (ADA)News First-Class Plane Ticket Not a Required ADA Accommodation, Court Says 03/10/2017National
101651news.aspxDisabilities (ADA)News When Does ADA Leave Become ‘Indefinite’? 03/03/2017National
93891faqs.aspxDisabilities (ADA)Questions & Answers --I am trying to find a sample EEOC employer response to a charge of ADA discrimination. 07/10/2013National
92729faqs.aspxDisabilities (ADA)Questions & Answers Must an employer that does not provide parking, provide parking under the ADA? 11/29/2012National
91891faqs.aspxDisabilities (ADA)Questions & Answers One of our employees is exhibiting strange behaviors and has confronted a co-worker. Can we require her to go to EAP? 07/05/2012National
91473faqs.aspxDisabilities (ADA)Questions & Answers An employee has been hospitalized for alcohol abuse. Can we require him to go to rehab before he returns to work? Can we require periodic testing? 04/30/2012National
90483faqs.aspxDisabilities (ADA)Questions & Answers Are owners/partners considered employees under the ADA? Also, is a parent company with 3 separate offices considered one employer under the ADA? 11/22/2011National
87617faqs.aspxDisabilities (ADA)Questions & Answers Is it permissible to require a food service handler that has been coughing many, many times during the day for several months to get a physician's note indicating they can safely perform the job? We have been encouraging the employee to seek medical 05/16/2011National
86400faqs.aspxDisabilities (ADA)Questions & Answers Is obesity a disability under the law? 03/22/2011National
86290faqs.aspxDisabilities (ADA)Questions & Answers An employee has complained that other employees' perfumes, bathroom and carpet cleaners, etc. are making her sick. How should we handle this situation? 03/21/2011National
86293faqs.aspxDisabilities (ADA)Questions & Answers Do we need to inclue GINA information with our FMLA notice for new employees? 03/21/2011National
86113faqs.aspxDisabilities (ADA)Questions & Answers An employee is frequently absent while undergoing chemotherapy treatment. When he works, he is visible ill He is not eligible for FMLA. What are our options? 03/11/2011National
84675faqs.aspxDisabilities (ADA)Questions & Answers We have an employee who claims to have sensitivity to certain environmental influences (e.g., electromagnetic forces). What are our legal obligations? 01/11/2011National
84655faqs.aspxDisabilities (ADA)Questions & Answers GINA Regulation and Safe Harbor Language: What documents should include the EEOC-approved safe harbor language? 01/07/2011National
83642faqs.aspxDisabilities (ADA)Questions & Answers Can we ask employees to volunteer information about their health conditions that might arise during the workday (e.g., allergies, migraines, diabetes)? 11/01/2010National
82980faqs.aspxDisabilities (ADA)Questions & Answers We decided to fire an employee who had made repeated mistakes. Now she says she may need medicine for a condition that causes confusion. Can we let her go? 07/27/2010National
82795faqs.aspxDisabilities (ADA)Questions & Answers How long does an employer usually allow an employee to stay on leave after FMLA is exhausted? 07/01/2010National
82545faqs.aspxDisabilities (ADA)Questions & Answers I have an employee who misses a lot of work because of her medical condition. Can we require her to seek medical counseling? The employee regularly exceeds her allotted sick days and has to use vacation. She is in a critical position. 06/21/2010National
82485faqs.aspxDisabilities (ADA)Questions & Answers An employee who had eye surgery is having trouble with her vision and it is affecting her work. Can we require her to take a vision test? 06/14/2010National
82273faqs.aspxDisabilities (ADA)Questions & Answers We have an officer-level employe who has been experiencing some apparently potentially serious health issues. Accordingly, she has missed a few days here and there, but more worryingly, even when she does come in, her work is suffering. Deadlines are 05/12/2010National
82158faqs.aspxDisabilities (ADA)Questions & Answers In Illinois - If an employee has a seafood allergy can we prohibit her from working as a waitress? Her doctor says she can wait tables, but she already had an allergy-related comp claim. 04/26/2010National
82139faqs.aspxDisabilities (ADA)Questions & Answers What are the responsiblities of a small employer (under 50, not FMLA eligible) when an employee goes out on short term disability? Can they terminate this person's employment because of the disability? 04/21/2010National
82121faqs.aspxDisabilities (ADA)Questions & Answers In North Carolina - Can we ask a job applicant if he can perform all the physical aspects of a job, like going up and down stairs? 04/19/2010National
82094faqs.aspxDisabilities (ADA)Questions & Answers We have an employee using her mothers Disabled Parking Pass. Can we ask about that and ask her not to use it? 04/15/2010National
81971faqs.aspxDisabilities (ADA)Questions & Answers The dietary manager at a hospital has food allergies (certified by doctors) which may be life-threatening. Her position obviously requires her being in contact with food. What accommodation must the facility make under ADA? 03/22/2010National
81889faqs.aspxDisabilities (ADA)Questions & Answers Our business is in NJ could you please advise us to the answer to this question. We have about 3o employees, how long do we have to hold a job position for an employee who has been out on disability since august 22, 2009? 03/11/2010National
81808faqs.aspxDisabilities (ADA)Questions & Answers I have an employee out on workers comp. He has been out for nearly 5 months and just had another surgery. The company has been carrying the cost of his major medical, dental, life & ADD benefits so far. With no return date in site, should we go ahea 02/25/2010National
81645faqs.aspxDisabilities (ADA)Questions & Answers I have an employee who self disclosed that he has an anxiety disorder. When he gets anxious, he becomes argumentative and verbally aggressive with his co-workers. When this occurs he is indimidating and he scares his co-workers. We have addressed h 01/28/2010National
81364faqs.aspxDisabilities (ADA)Questions & Answers We have an employee that we hired two months ago with a pre-existing condition. Since he was hired, he has missed 1 or 2 days per week due to the pre-existing illness. What can we do? 12/15/2009National
81169faqs.aspxDisabilities (ADA)Questions & Answers What are the notice requirements for GINA? 11/10/2009National
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