The Americans with Disabilities Act of 1990 (“ADA”) protects the disabled in the workplace by prohibiting affected employers from, among other things, “not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an employee, unless such [employer] can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such [employer].” 42 U.S.C. § 12112(b)(5)(A). The Americans … [Read more...]
Telecommuting recognized a possible reasonable accommodation for disabled
February 21, 2018 by
A new opinion out today supporting employee’s rights to telecommuting as a reasonable accommodation. Andrea Mosby-Meachem, an in-house attorney for Memphis Light, Gas & Water Division, was denied a request to work from home for ten weeks while she was on bedrest due to complications from pregnancy. Mrs. Mosby-Meacham was awarded judgment by a jury for disability discrimination including compensatory damages. Defense attempted to argue that her position as in-house counsel required … [Read more...]
Am I required to submit to a medical exam for a job?
September 27, 2013 by
The Americans with Disabilities Act prohibits three forms of "pre-offer" inquiries: Medical Examinations Inquiries as to whether the individual considers himself to have a disability Questions concerning conditions that might disclose a disability such as medications being taken, records of hospitalization, or claims for insurance or workers compensation. Pursuant to 42 U.S.C.A. 2112(d), these prohibitions apply to all applicants, not just individuals with disabilities. If you are … [Read more...]
