Tag Archives: disability

UK vetinerary practice criticised for medical treatment of sick employee

This is not quite as bad as it first sounds.  Where a provision, criterion or practice (PCP) applied by an employer places a disabled employee at a substantial disadvantage by reason of his disability, then the Equality Act 2010 says that the employer has to make reasonable adjustments to prevent the PCP having that effect.  … Continue Reading

“DSM-5 Anxiety” May Be New Disorder For Employers Trying To Navigate ADA

Last Friday, the American Psychiatric Association (APA) published the fifth edition of what is considered the “bible” for diagnosing mental disorders, the Diagnostic and Statistical Manual of Mental Disorders, or “DSM-5.”  While much of the DSM-5 reclassifies already-recognized disorders or fleshes out diagnostic criteria, the APA recognizes several new disorders that could make life even … Continue Reading

FMLA Celebrates 20 Years with Expansion

Most employers are well aware of the Family and Medical Leave Act (FMLA) provisions which entitle qualifying employees to twelve weeks of unpaid, job-protected leave each year for certain events such as: the birth or adoption of a child; care for an immediate family member with a serious health condition; or the employee’s own serious … Continue Reading

Can-do attitude ruled out of the question

Many of Worldview’s readers will be familiar with the test for disability under the UK Equality Act 2010. In short, a person has a disability if he has a physical or mental impairment which has a “substantial and long-term adverse effect on that person’s ability to carry out normal day-to-day activities”.  When the Minister responsible … Continue Reading

What is an essential job function?

This issue is particularly important in disability discrimination cases where an employee is a qualified individual with a disability if he/she can perform the essential functions of a job with or without a reasonable accommodation.  Thus, a key question both during the required interactive process in determining possible accommodations as well as in litigation is … Continue Reading

Counseling Constitutes an ADA-Protected Medical Examination

Under the Americans with Disabilities Act (ADA), employers are restricted as to when and for what reason they may require employees or potential employees to submit to a medical examination.  For current employees, an employer may only compel a medical examination if such an examination is shown to be job‑related and consistent with business necessity.  … Continue Reading

Is Working From Home A Reasonable Accommodation?

As previously noted here, employers are required to provide qualified individuals who have a disability with a reasonable accommodation absent an undue hardship.  Whether working from home is a reasonable accommodation is a fact intensive analysis that should be conducted for each circumstance. Earlier this week, a Michigan federal court dismissed the EEOC’s case against … Continue Reading

Is Transferring To A Different Position A Reasonable Accommodation Under the Americans with Disabilities Act?

Under the Americans with Disabilities Act (“ADA”), employers must provide a reasonable accommodation to a qualified individual who has a disability absent an undue hardship to the employer.  The ADA further provides that reassignment to a vacant position is a possible reasonable accommodation. Earlier this year, the Seventh Circuit Court of Appeals in EEOC v. … Continue Reading

Is Obesity A Disability?

Formerly, Michigan [pdf] was the only state to explicitly declare weight a protected class according to state discrimination law.  However, at both the state and federal level, administrative agencies and courts are beginning to contemplate whether legal protections should be afforded to obese individuals under state law and the Americans with Disabilities Act (ADA) Amendments … Continue Reading

The Benefits of Telecommuting Are Not Without Concern

A growing trend among employers today includes requests for non-traditional work arrangements.  One of those being “telecommuting”, where employees are permitted to work from remote sites, including home; using mobile telecommunications technology.  In fact, studies show that as many as 30 million Americans work from home at least one day per week.  Gas prices and … Continue Reading