ADA
Is Attendance an Essential Function of Your Job?
If you take a leave of absence from work because of a disability, do you know if you are entitled to return to your job? Your employment rights depend on a variety of factors, so it is always important to check with an experienced Atlanta employment attorney if you have any questions about your rights…
Read MoreTemporary Illnesses or Conditions May Be Covered by the ADA/ADAAA
When does an illness or condition constitute a disability that is covered under the Americans with Disabilities Act (ADA) or the Americans with Disabilities Act Amendments Act (ADAAA)? In a recent case, Gogos v. AMS Mech. Sys., Inc., a pipe welder – Anthimos Gogos – alleged he was fired for seeking medical treatment after his blood…
Read MoreWoman with Perfume Sensitivity May Be Able to Bring Disability Discrimination Lawsuit
A recent disability discrimination case examined the actions of a jail dentist. In Mitter v. Cnty. of DuPage, a nurse alleged that the jail dentist planted strongly perfumed objects around his office, despite her claims she had extreme sensitivity to chemicals. Disability discrimination lawsuits can arise in a variety of situations. The ADA prohibits discrimination against…
Read MoreReasonable Accommodations May Not Have to Be Essential to Allow a Worker to Perform Job
The Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendment Act (ADAAA) protect individuals with “disabilities” from discrimination. Specifically these anti-discrimination laws prohibit discrimination against “qualified individuals with a disability” in the terms and conditions of employment. The ADA & ADAAA also prohibit disability harassment and retaliation against you for complaining about disability discrimination or…
Read MoreWoman Allowed to Maintain Claim of “Regarded As” Disability Discrimination After Termination
In order to combat various forms of employment discrimination at work, Congress passed Title VII of the Civil Rights Act of 1964. While this law makes certain forms of discrimination illegal such as race, color, sex and national origin it does not include disability discrimination. Accordingly, Congress passed the Americans with Disabilities Act (ADA) to…
Read MoreEmployer May Be Required To Allow Disabled Employee To Telecommute
Many times, workers may suffer from a serious condition that interferes with their ability to perform a major life activity. However, despite the existence of that condition, he or she may still be able to work with as long as a “reasonable accommodation” is made. Under Federal disability discrimination law, the Americans with Disabilities Act…
Read MoreArthritis May Be Considered a Disability for Purposes of the ADA/ADAAA
The Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendments Act (ADAAA) protect qualified individuals with disabilities from discrimination. This definition can be confusing to some, particularly figuring out who is covered by the act and whether your condition is considered a “disability.” If you have questions about the ADA, whether you are…
Read MoreGetting to Work on Time Isn’t Always an Essential Job Function Under the ADA
In many situations, workers may sustain certain types of injuries or have a legally defined disability, but still be able to perform many of the functions of their job with some slight adjustments. The Americans with Disabilities Act (the “ADA”) and the American with Disabilities Act Amendments Act (the “ADAAA”) are designed to protect these…
Read MoreCompany’s Excuse That It Fired Employee for Insubordination Could Be Considered “Pretext”
It’s easy to imagine a work situation where a company decides it wants to fire a worker wrongfully – such as because of their gender, age or nationality. Fortunately employment laws rightfully prohibit a company from doing so. In legal terms, the concept of “pretext” applies where a company comes up with an excuse for…
Read MorePoor Vision Constitutes Disability Entitled To Protections Under The ADA
A recent Ninth Circuit court opinion held that a worker whose vision affected her ability to walk and drive after dark was entitled to protection under the Americans with Disabilities Act. The ADA prohibits discrimination against “qualified individuals with a disability” in the terms and conditions of employment. This includes requiring your employer to make an effort to…
Read More