Are there any employment situations in which carpal tunnel, lupus, or obesity are considered to be qualified disabilities under the ADA?
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Read More Answered By: Terry A. Nelson |
Yes, when properly certified by your physician. An employer is not allowed to "discriminate" against a legally defined "disability" by any adverse employment action like termination, demotion, harassment, hostile environment, etc. An employer is obligated to provide 'REASONABLE' accommodation of a disability upon proper medical certification of your disability and specific medical requirements necessary to accommodate you, IF accommodation can be done without substantial burden to the company, and IF such accommodation will allow you to still perform ALL the essential functions of your job. Violation and failure to accommodate is grounds for a lawsuit. Every case is determined upon its merits and all the facts. If you think you can prove they failed to do so under those rules, feel free to contact me. |
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