Americans with Disabilities Act (ADA)

People who suffer from long-term illnesses are protected by the law under the

People who suffer from long-term illnesses are protected by the law under the Americans with Disabilities Act (ADA). The ADA covers a whole number of illnesses and disabilities. The ADA defines disability as “a medical condition or disorder that substantially limits a person in doing basic activities called major life activities.” The major life activities under this act include walking, seeing, breathing, lifting and sitting among others. Under this act, it would be wrong to dismiss a worker who is defined as disabled under the law. Erick Employee exhibited symptoms that would be classified as a disability in this case.

Eric Employee job reviews were good even after he returned from his leave. The only problem was that he had become slower at his job because of the illness. The illness had also caused Erick not to communicate properly with his customers. He also experienced problems with lifting the heavy boxes at work. With this, he came to me to ask for a lighter duty, which would be interpreted as a reasonable accommodation. Under the law, it is essential for an employer to see how he can help an employee who has an illness that is affecting his job. Reasonable accommodation can be made in order to make the employee still feel free to work there without any feeling of discrimination. Erick experienced problems of lifting boxes and asked for a lighter job. Denying him would be a discrimination against him.

Erick Employee asked for a leave under the Family and Medical Leave Act (FMLA). According to the law when an employee asks for a FMLA, leave it is up to the employer to start considering if the employee is disabled under the ADA. Before issuing a FMLA leave, it is up to the employer to know if the employee actually qualifies for the leave. In this case, Erick had a serious medical condition because he was supposed to undergo surgery and after that would need hospitalization. Applying for the FMLA leave needed to help Erick. This is because the provisions under the ADA require the employer to work with an employee to evaluate the need for an accommodation. This is to be done once the employer is on notice that the employee might have a qualifying disability, which might present challenges on the employee’s part to meet the requirements of his job. The employee does not have to tell the employer about it since he had already qualifies for the FMLA leave, which might serve as enough notice to the employer.

In case an employee is suffering from a long-term illness or becomes disabled due to their illness there should be adjustments in their working environment. Even if an employee has the right to dismiss the employees who are on a long-term sickness leave, they must first consider giving the employee some lighter duties around the office. As the director of human resource, I would find it fit to assign Erick Employee any lighter duties that are available in the working environment.

Before an employee is dismissed because of their condition, it is important for the employer to make reasonable accommodations. Under the ADA, a reasonable adjustment “is a change in the job application process, in the way the job is done or to any other part of the job that enables a person with disability to have equal employment opportunities.” These accommodations may include employer-sponsored training or benefits.  If an employee requests for a reasonable accommodation it is up to the employer to give it them.

An individual who requires a reasonable accommodation must be qualified for the job. The only time when an employer is allowed not to give an accommodation is when it would impose an “undue hardship.” In this case, the undue hardship refers to “actions that require significant difficulty or expense to the business.” Still under such a condition, the employer is supposed to look for another accommodation that will not cause such hardships. The employer is also not supposed to allocate the job to another employee as a reasonable accommodation. It is against the ADA to do so. The manager took it upon himself to allocate the duties of Erick to other employees without even informing him about it. This would serve as discrimination under the ADA. Before assigning the duties to other parties, it is important that the same is first communicated to the person whom will be affected by the decision. Even if the employee does not carry out the work, as he was able to before, the first thing to do is to communicate this with each other.

Dismissing someone because of a disability is illegal under the law. Before firing Erick, I would first advise the Manager to come up with options that would help him adjust to the work environment. Given that, he had already requested for lighter duties this would be the first step for the manager. If there are any other light duties that Erick can do for Eggsellent Eggs then there would be no need to fire him.

The only reason that the manager sited as a reason to dismiss Erick was the fact that he could not lift boxes. Even if this is a qualification in his work requirements, there are other employees who help in offloading the vehicles. All the other qualifications are still intact, instead of firing Erick it would be more appropriate to talk with him and assign these duties to other people and let Erick do any of the lighter jobs. At the end of the day, the only reason as to why Erick cannot lift the boxes is his illness. If the manager would dismiss him for his reason, it would a violation of the ADA and discrimination of people with disabilities.

People with long-term illnesses are classified as people with disabilities. People who suffer from HIV are also classified as people with disability and it is illegal for them to be discriminated against in the work place.

References

ADA National Network (2013) The Americans with Disabilities Acts Questions and Answers retrieved from www.adata.org/publication/ADA-faq-booklet

Sterken K. J (2014) FMLA and ADA: The Brad and Angelina of Employment Law Foley & Lardner LLP retrieved from www.lexology.com/library/detail.aspx?g=1194eb07-6403-4297-8013-60bae389308f

The U.S Equal Employment Opportunity Commission How to Comply with the Americans with Disabilities Act: A guide for restaurants and other Food Service Employees retrieved from www.eeoc.gov/facts/restaurants_guide.html

 

. The ADA covers a whole number of illnesses and disabilities. The ADA defines disability as “a medical condition or disorder that substantially limits a person in doing basic activities called major life activities.” The major life activities under this act include walking, seeing, breathing, lifting and sitting among others. Under this act, it would be wrong to dismiss a worker who is defined as disabled under the law. Erick Employee exhibited symptoms that would be classified as a disability in this case.

Eric Employee job reviews were good even after he returned from his leave. The only problem was that he had become slower at his job because of the illness. The illness had also caused Erick not to communicate properly with his customers. He also experienced problems with lifting the heavy boxes at work. With this, he came to me to ask for a lighter duty, which would be interpreted as a reasonable accommodation. Under the law, it is essential for an employer to see how he can help an employee who has an illness that is affecting his job. Reasonable accommodation can be made in order to make the employee still feel free to work there without any feeling of discrimination. Erick experienced problems of lifting boxes and asked for a lighter job. Denying him would be a discrimination against him.

Erick Employee asked for a leave under the Family and Medical Leave Act (FMLA). According to the law when an employee asks for a FMLA, leave it is up to the employer to start considering if the employee is disabled under the ADA. Before issuing a FMLA leave, it is up to the employer to know if the employee actually qualifies for the leave. In this case, Erick had a serious medical condition because he was supposed to undergo surgery and after that would need hospitalization. Applying for the FMLA leave needed to help Erick. This is because the provisions under the ADA require the employer to work with an employee to evaluate the need for an accommodation. This is to be done once the employer is on notice that the employee might have a qualifying disability, which might present challenges on the employee’s part to meet the requirements of his job. The employee does not have to tell the employer about it since he had already qualifies for the FMLA leave, which might serve as enough notice to the employer.

In case an employee is suffering from a long-term illness or becomes disabled due to their illness there should be adjustments in their working environment. Even if an employee has the right to dismiss the employees who are on a long-term sickness leave, they must first consider giving the employee some lighter duties around the office. As the director of human resource, I would find it fit to assign Erick Employee any lighter duties that are available in the working environment.

Before an employee is dismissed because of their condition, it is important for the employer to make reasonable accommodations. Under the ADA, a reasonable adjustment “is a change in the job application process, in the way the job is done or to any other part of the job that enables a person with disability to have equal employment opportunities.” These accommodations may include employer-sponsored training or benefits.  If an employee requests for a reasonable accommodation it is up to the employer to give it them.

An individual who requires a reasonable accommodation must be qualified for the job. The only time when an employer is allowed not to give an accommodation is when it would impose an “undue hardship.” In this case, the undue hardship refers to “actions that require significant difficulty or expense to the business.” Still under such a condition, the employer is supposed to look for another accommodation that will not cause such hardships. The employer is also not supposed to allocate the job to another employee as a reasonable accommodation. It is against the ADA to do so. The manager took it upon himself to allocate the duties of Erick to other employees without even informing him about it. This would serve as discrimination under the ADA. Before assigning the duties to other parties, it is important that the same is first communicated to the person whom will be affected by the decision. Even if the employee does not carry out the work, as he was able to before, the first thing to do is to communicate this with each other.

Dismissing someone because of a disability is illegal under the law. Before firing Erick, I would first advise the Manager to come up with options that would help him adjust to the work environment. Given that, he had already requested for lighter duties this would be the first step for the manager. If there are any other light duties that Erick can do for Eggsellent Eggs then there would be no need to fire him.

The only reason that the manager sited as a reason to dismiss Erick was the fact that he could not lift boxes. Even if this is a qualification in his work requirements, there are other employees who help in offloading the vehicles. All the other qualifications are still intact, instead of firing Erick it would be more appropriate to talk with him and assign these duties to other people and let Erick do any of the lighter jobs. At the end of the day, the only reason as to why Erick cannot lift the boxes is his illness. If the manager would dismiss him for his reason, it would a violation of the ADA and discrimination of people with disabilities.

People with long-term illnesses are classified as people with disabilities. People who suffer from HIV are also classified as people with disability and it is illegal for them to be discriminated against in the work place.

References

ADA National Network (2013) The Americans with Disabilities Acts Questions and Answers retrieved from www.adata.org/publication/ADA-faq-booklet

Sterken K. J (2014) FMLA and ADA: The Brad and Angelina of Employment Law Foley & Lardner LLP retrieved from www.lexology.com/library/detail.aspx?g=1194eb07-6403-4297-8013-60bae389308f

The U.S Equal Employment Opportunity Commission How to Comply with the Americans with Disabilities Act: A guide for restaurants and other Food Service Employees retrieved from www.eeoc.gov/facts/restaurants_guide.html

 

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