What is Disability

The Americans with Disabilities Act (ADA) was passed by Congress in 1990. It covers companies with 15 or more employees. Pregnant workers cannot be discriminated against.  The Family Medical Leave Act (FMLA) requires employers with 50 or more employees to provide leaves. Health and safety (OSHA) regulations and workers compensation protect every employee. Our Managing Within the Law II course covers all types of leaves of absence and accommodation to fully answer the questions about what is disability .

Below you will find our answered Ask the Lawyer questions and eNews articles grouped under FAQ catagories.

FAQs

• What are rights under Americans with Disabilities Act?
• What are rights under Genetic Information Nondiscrimination Act?
• What are rights under Family & Medical Leave Act
• What are rights of pregnant employees?
• What are rights under workers compensation?
• What are rights to a safe work environment?
• What are rights for PTO and sick pay?

Stop Costly Lawsuits

The US Supreme Court says that training and procedures protect employers from punitive damages for discrimination.

• Managing Within the Law II, for all managers and supervisors

Know Your Rights

• Federal Disability Law in a Nutshell (2nd Ed)

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FAQs

What are rights under Americans with Disabilities Act?

• I fell asleep at work because I have sleep apnea. Can they fire me?
• How should we handle poor performance by employees on prescription medication?
• How do I get a reasonable accommodation?
• Can I be fired because I went to drug rehab?
• What can an employer ask about an employee's medications?
• More people now disabled under ADA, but employers still allowed to enforce performance and conduct standards
• How do we handle irrational manager?
• How do we approach a 400 pound employee?
• Company asked me what medication I'm taking - is that legal?
• Do we have to keep job open for employee with cancer?
• We laid off an employee who now says he's disabled - should we worry?
• Manager is out sick a lot - can we fire him?
• Is bereavement counseling a disability under ADA?
• "Addicted to Internet" Protected Disability?
• Can physician's assistant refuse to treat patients who smoke?
• Employee out on disability commits felony - can we fire him?
• Employee refuses to go to team meetings at a bar - can we fire her?
• We fired an employee for sleeping at work - is he protected by the ADA?
• Employees now winning claims under ADA, FMLA
• Can I refuse to hire someone based on looks?
• I can't drive on highways. Am I disabled?
• Can the boss make me lose weight and stop smoking?
• Can employees be forced to be vaccinated?
• Can a worker be fired for checking into rehab?
• Can conviction due to alcoholism be used to bar employment?
• But I have a doctor's note!
• Can a reorg justify laying off a worker who uses a lot of sick time?
• Snakes Alive! or, What's a Disability, Anyway?
• Should an employer accommodate an applicant who has a learning disability manifested when taking standardized tests?
• Are pre-employment medical exams legal?
• Are there any legal ramifications allowing employees to expense alcohol on a business trip?
• Depressed employee mixing alcohol and medicine at work -- what do we do?
• Few people "regarded as disabled" under ADA
• Courts find proposed ADA accommodations unreasonable

What are rights under Genetic Information Nondiscrimination Act?

• Genetic Discrimination Now Illegal

What are rights under Family & Medical Leave Act?

• Do phone calls count as FMLA leave?
• Can I consider FMLA time when evaluating candidates for promotion?
• New FMLA regulations expand rights for military families
• If person on FMLA leave works full work week, when will she run out of leave time?
• Employees on FMLA charging us for commute time - what can we do?
• Fed Study Finds Family Medical Leave Law Doesn't Help in Cases of Chronic Disease
• Prevent Lawsuits for Harassment and Discrimination based on Family Responsibility
• When must an employee bring a doctor's note?
• Employee refuses to go on FMLA - what should we do?
• What kinds of paid leave can be used for FMLA?
• Worker Rights When the Lights Go Out
• What are rights to health benefits after termination?
• Does FMLA cover bereavement leave?
• New California law on family leave
• Can they fire him for being temporarily disabled?
• Can you get fired because you're looking for another job?
• Can employees use FMLA leave for elective surgeries?
• What are the rules about health benefits when employees are on FMLA leave?
• We fired FMLA employee for absenteeism -- is that OK?
• How NOT to Comply with the FMLA

What are rights of pregnant employees?

• Pregnant employee wants to be laid off. Can I do that?
• What Managers Need to Know and Do Under the New Health Care Reform Law
• If I use synthetic urine for a pre-hire screen to mask a pregnancy, can my employer fire me for doing so?
• Can we fire a pregnant employee who goes AWOL?
• Can I change the schedule of employee going on maternity leave?
• Do I have to choose between a job and a healthy baby?
• Pregnant employee gets punitive damages
• Can pregnant workers be laid off?
• Can employer require a doctor's note for pregnancy leave?
• Are breast feeding mothers covered under the ADA?

What are rights under workers compensation?

• Can I file a workers' compensation case after I was laid off?
• Our office is closing - when do we fire employee on workers comp?
• Who pays insurance premiums for employee on workers comp?
• Sick employee sent home has accident - are we liable?

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Still have questions on what is a disabiltiy? Ask the Lawyer!

What are rights to a safe work environment?

• A co-worker has Hepatitis C. How can I protect myself?
• Should a company have a policy around the use of cell phones in your personal vehicle while on company business?
• Can we ban employee with Hepatitis C from CPR class?
• Our employees voluntarily organized car-pool for co-worker with cancer - could we be sued?
• How do we protect ourselves from liability at company picnics?
• What are rights of healthcare worker assaulted by patient?
• Can employees be forced to be vaccinated?
• Are there safety laws for our employees handling mail?

What are rights for PTO and sick pay? (see also the section Overtime/Exempt)

• Can we require employees to give reason for PTO?
• Can we fire fantastic employee for taking earned time off?
• California Employers Required to Grant Sick Leave for Domestic Partners
• What should we do about negative sick leave balances?

Stop Costly Lawsuits

• Managing Within the Law, Part II: A one-day, in-depth training seminar
• Executive Seminars for your CEO, President, and Vice Presidents
• Federal Disability Law in a Nutshell (2nd Ed)

Know Your Rights

• Federal Disability Law in a Nutshell (2nd Ed)

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Still have questions on what is a disability? Ask the Lawyer!