Comments on: The Potential Impact of the Americans with Disabilities Act on Individuals with Disease http://www.todaysworkplace.org/2009/07/20/the-potential-impact-of-the-americans-with-disabilities-act-on-individuals-with-disease/ Sun, 05 Feb 2012 04:46:42 -0500 http://wordpress.org/?v=2.8.4 hourly 1 By: Impact of the New ADA for People with Major Illness | CVE, Inc. http://www.todaysworkplace.org/2009/07/20/the-potential-impact-of-the-americans-with-disabilities-act-on-individuals-with-disease/comment-page-1/#comment-688548 Impact of the New ADA for People with Major Illness | CVE, Inc. Tue, 20 Dec 2011 01:03:18 +0000 http://www.todaysworkplace.org/?p=1840#comment-688548 [...] The Potential Impact of the Americans with Disabilities Act on Individuals with Diseasehttp://www.to... [...] [...] The Potential Impact of the Americans with Disabilities Act on Individuals with Diseasehttp://www.to… [...]

]]> By: Paula Holland http://www.todaysworkplace.org/2009/07/20/the-potential-impact-of-the-americans-with-disabilities-act-on-individuals-with-disease/comment-page-1/#comment-42526 Paula Holland Thu, 12 Nov 2009 19:34:26 +0000 http://www.todaysworkplace.org/?p=1840#comment-42526 My 26 year old son has hypertension and neurological damage from childhood. Would these be covered under ADAA? My 26 year old son has hypertension and neurological damage from childhood. Would these be covered under ADAA?

]]> By: Jeff http://www.todaysworkplace.org/2009/07/20/the-potential-impact-of-the-americans-with-disabilities-act-on-individuals-with-disease/comment-page-1/#comment-19086 Jeff Wed, 29 Jul 2009 03:15:33 +0000 http://www.todaysworkplace.org/?p=1840#comment-19086 employee performs maintenance at a hospital. He has a history of heart disease and lung cancer. The job requires manual labor such as mowing, minor repairs, etc. He was asked to mow a courtyard with a push mower. He was not happy about the assignment. He went to his physician and got her to send a letter that now only allows him to do light duty work. For example: only lift ten pounds, working outside is limited only during certain temperatures. His forty hours of possible work is now down to twelve hours. He basically cannot perform his job responsibilities. If he is terminated, can he use the ADA act to fight his termination? employee performs maintenance at a hospital. He has a history of heart disease and lung cancer. The job requires manual labor such as mowing, minor repairs, etc. He was asked to mow a courtyard with a push mower. He was not happy about the assignment. He went to his physician and got her to send a letter that now only allows him to do light duty work. For example: only lift ten pounds, working outside is limited only during certain temperatures. His forty hours of possible work is now down to twelve hours. He basically cannot perform his job responsibilities. If he is terminated, can he use the ADA act to fight his termination?

]]> By: Brian E. http://www.todaysworkplace.org/2009/07/20/the-potential-impact-of-the-americans-with-disabilities-act-on-individuals-with-disease/comment-page-1/#comment-18854 Brian E. Tue, 28 Jul 2009 01:23:29 +0000 http://www.todaysworkplace.org/?p=1840#comment-18854 Suzanne, This is not legal advice, of course, and there are lots of questions that would need to be answered before being able to say that this is illegal. But following up on Imani's article above, if the decision to reassign you took place on or after 1/1/2009, the amended ADA should apply, and I do think that lupus is typically going to be a disability under the amended ADA. (It may also qualify as a disability under the pre-2009 ADA, too, but that is a more difficult analysis; likewise, your rights under state law may vary substantially.) If it IS a disability under the law, and if they admit they took the action against you because of your lupus, then another thing to consider is whether you can perform the essential functions of your original position, with or without reasonable accommodations. A third thing to think about is whether the new teaching assignment is considered a demotion (in terms of pay, prestige, chances of advancement, etc.). These are just SOME of the considerations. You should probably talk to a lawyer who is familiar with the ADA to fully understand your rights, and the possible remedies. Brian Suzanne,

This is not legal advice, of course, and there are lots of questions that would need to be answered before being able to say that this is illegal. But following up on Imani’s article above, if the decision to reassign you took place on or after 1/1/2009, the amended ADA should apply, and I do think that lupus is typically going to be a disability under the amended ADA. (It may also qualify as a disability under the pre-2009 ADA, too, but that is a more difficult analysis; likewise, your rights under state law may vary substantially.)

If it IS a disability under the law, and if they admit they took the action against you because of your lupus, then another thing to consider is whether you can perform the essential functions of your original position, with or without reasonable accommodations.

A third thing to think about is whether the new teaching assignment is considered a demotion (in terms of pay, prestige, chances of advancement, etc.).

These are just SOME of the considerations. You should probably talk to a lawyer who is familiar with the ADA to fully understand your rights, and the possible remedies.

Brian

]]> By: Suzanne Zeleznik http://www.todaysworkplace.org/2009/07/20/the-potential-impact-of-the-americans-with-disabilities-act-on-individuals-with-disease/comment-page-1/#comment-18139 Suzanne Zeleznik Mon, 20 Jul 2009 19:49:46 +0000 http://www.todaysworkplace.org/?p=1840#comment-18139 I had a Lupus flair last Sept; was hospitalized 2 weeks; returned to work 1/2 time in mid Oct, 3/4 in Nov,and full time in Jan. Despite working 28 yrs in the same private school and only having one previous week-long absence due to Lupus, my dept. chair has demoted me. Instead of me teaching advanced classes she has assigned me to lower level classes because she fears that i might flair again. Is this legal? I had a Lupus flair last Sept; was hospitalized 2 weeks; returned to work 1/2 time in mid Oct, 3/4 in Nov,and full time in Jan. Despite working 28 yrs in the same private school and only having one previous week-long absence due to Lupus, my dept. chair has demoted me. Instead of me teaching advanced classes she has assigned me to lower level classes because she fears that i might flair again. Is this legal?

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