Legal Question in Disability Law in North Carolina

Title 1 of ADA

In an initial interview, previous to an conditional employment, an employer said

that I would be required to submit a note form my doctor stating that I could re-

turn to work "without restriction". As I had not asked for any acccomodation, was this a prohibited requirement, or because I had disclosed my disability had

my right under the ADA been reduced?

(after my second interview, on the next day, I submitted such a doctor's note

but was not selected for the entry level position although I was highly qualified.)


Asked on 3/10/99, 10:44 pm

2 Answers from Attorneys

Barbara C. Johnson Law Office of Barbara C. Johnson

Re: Title 1 of ADA

Your question is confusing. I cannot tell whether you worked for the employer prior to becoming "disabled" or whether you were applying for a new job with the employer.

In any case, many more facts are required before an attorney will be able to advise you.

You should consult a local attorney immediately.

There is a short statute of limitation (time within which you must file a charge with the state and federal agencies).

Things you must remember: you must be able to

perform the ESSENTIAL FUNCTIONS of the job with

a reasonable accommodation by the employer.

The employer must be informed of the disability

and of the reasonable accommodation to be made.

Often in these cases, there is disagreement

between employer

and employee as to what are the essential functions and what constitutes a reasonable accommodation.

Here you have not said what your disability is, what the job is, what the essential functions are (in your opinion), and what the requested reasonable accommodation is.

Without this information, no one is able to counsel you properly . . . other than to tell you: go consult with a local attorney and explain all these facts to him or her.

Good luck.

Barbara C. Johnson

Law Office of Barbara C. Johnson

6 Appletree Lane


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Answered on 3/25/99, 4:15 am
Dymond Steven Steven H. Dymond P.C.

Re: Title 1 of ADA

While I connot give a detailed reply on the limited facts supplied, it appears that a prohibted inquiry was made, contrary to the ADA. The company may have "regarded you as disabled", by such an inquiry. I doubt whether such an inquiry is made of all employees in the interview process. Thus you were treated differently. Secondly, if the company takes the position that you were given a conditional job offer , then you have the right to request accomodation, if you are disabled as defined under the ADA.

Dymond Steven

Steven H. Dymond P.C.

1444 Wazee Street, Suite 335


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Answered on 3/25/99, 10:02 am


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