T.J. Simers was a sports reporter and columnist for the Los Angeles Times from 1990 to 2013, when he was constructively discharged. Over the years, he probably wrote about many home runs, but in a Los Angeles courtroom, it was Simers who hit a grand slam. The jury in his age and disability discrimination case […]
Are you a pregnant employee who is being treated differently at work because you’re pregnant? Or maybe you’ve had complications with your pregnancy such that it makes it difficult or impossible to continue working without your employer making accommodations for your condition? There are laws that deal with these situations. However, understanding them can be
The Americans With Disabilities Act (ADA) was signed into law by George H. W. Bush 25 years ago, on July 26, 1990. For many people, it was just another day, but it was a very different day for those with disabilities. It was the first federal legislation providing employment rights for most Americans with disabilities.
Happy Birthday, ADA! Read More »
Short- and Long-Term Disability Some companies offer short-term disability (STD) and long-term disability (LTD) as part of the benefits package. The terms of these plans vary. They can be a good option to use in tandem with FMLA and ADA leave. Sometimes, a health problem that qualifies you under one of these laws will also
Disability insurance Read More »
The Americans with Disabilities Act (ADA) The Americans with Disabilities Act (ADA) is a powerful tool available in some circumstances to protect caregivers directly (see the prior section on the ADA’s association clause) and to address the effect of caregiving: that is, intense stress and physical manifestations. (Of course, the ADA is also a
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Medical Exams Under the ADA, FMLA, and Rehabilitation Act If your employer requires you to undergo a medical exam, do you have to submit to one? It depends. An employer cannot require you to take a medical examination before offering you a job. Following a job offer, an employer can condition the offer of employment on
What If Your Employer Wants You To Have a Medical Exam Read More »
Because of the ADAAA, many employers today will not put up a fight as to whether you are disabled. However, particularly for mental disabilities, sometimes an employer will request follow-up information from your doctor. In some circumstances, your employer may even ask you to take what is called an independent medical exam (IME), which is
Get a Doctor and Work with One Read More »
Under the ADA, an employer must offer a qualified person with a disability a “reasonable accommodation” that will provide an equal employment opportunity, including an opportunity to attain the same level of performance, benefits, and privileges available to similarly situated employees who are not disabled. Reasonable accommodations may include “job restructuring, part-time or modified work
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