the workplace, or that he or she would not be able to perform the job's essential functions even with reasonable accommodation. The ADA does not consider tests for illegal drugs to be within its definition of a medical examination; therefore, before extending a job offer, employers may test...
Substantially limiting: In accordance with the ADAAA final regulations, the determination of whether an impairment substantially limits a major life activity requires an individualized assessment, and an impairment that is episodic or in remission may also meet the definition of disability if it would ...
I. INTRODUCTION Under Title I of the Americans with Disabilities Act ("ADA"), (1) employers...Porter, Nicole BuonocoreUniversity of Missouri at ColumbiaMissouri Law Review
The ADA requires an employer to provide reasonable accommodations to qualified individuals with disabilities who are employees or applicants for employment, unless to do so would cause an undue hardship on the operation of the employer’s business. 42 U.S.C. § 12112(b)(5...
If a person'sIBS symptomssignificantly impact on a major life ability, IBS would qualify as a covered disability. An amendment to the ADA went into effect on January 1, 2009, that expanded the definition of a disability, providing better protection for individuals with chronic illnesses, such as...
While the guidance is focused on circumstances outside of the employment context (public accommodation of customers, clients, students, etc.), the guidance is instructive for employers since the ADA’s definition of disability applies in both the employment and public accommodation c...
This material is designed to help faculty understand the requirements of the Americans with Disabilities Act of 1990 (ADA). A brief overview notes three key considerations: the definition of disability, reasonable accommodation, and undue hardship, and then discusses faculty liability and responsibility...
So, that’s requesting medical documentation if needed. So, if you say to this employee, “well, could you please provide a doctor’s note that describes your condition and then determine whether or not that condition meets the definition of disability” and then if...
Therefore, immediate family members (see definition below) should not work in the same department for the same supervisor, or for a supervisor who is an immediate family member. Working in the same department for a different supervisor is permitted. Immediate family members include spouse, in-...
Undue HardshipEmploymentSpecial Treatment StigmaWithdrawn AccommodationsCostUnder the Americans with Disabilities Act (ADA), employers must provide accommodations to their disabled employees unless those accommodations cause an undue haSocial Science Electronic Publishing...