Which Is an Example of a Legal Disability
{63} In McDaniel v. Mississippi Baptist Medical Center, 4 AD Cases 241 (S.D. Miss. 1995), the court held that the employer did not violate the ADA when it fired an employee for relapsing into illegal drug use. While the ADA protects individuals who are in supervised rehabilitation and no longer use drugs or alcohol, the court found that the plaintiff was not covered by the exception. According to the court, the complainant, who had been drug-free for several weeks, did not have the time to be considered „more” drugs or alcohol. Section 504 states that „no qualified person with disabilities in the United States shall be excluded, deprived of benefits, or discriminated against from any program or activity receiving federal financial assistance or conducted by an executive agency or the United States Postal Service.” {40} The ten most common disability claims under the ADA are discussed, along with all relevant jurisdictions discussing reasonable accommodation or undue hardship and any other relevant information or guidance. {72} In Fink v. New York City Dept.
of Personnel, 4 AD Cases 641 (2d Cir. 1995), the court found that a municipal recruitment agency conducting a public service audit provided reasonable accommodation to visually impaired candidates. The agency provided visually impaired people with a tape recorder, an exam recording and a reading assistant to help them use the tape recorder and read the questions and answers. Id., p. 643. The agency also provided a private room for visually impaired candidates and allowed more time for the exam. Id. In Courtney v. American National Can Co., 4 AD Cases 1583 (Iowa, 1995), an employer took adequate measures to accommodate the visual impairment of a warehouse truck driver when assigning him to a machine operator position when his visual impairment did not affect the operation of the machine. {41} The most common claim for disability benefits is a back or spinal injury. These represent 19.1% of ADA fees. Who`s Filing Charges with EEOC-And Why, Disability Compliance Bulletin (A Service of the National Disability Law Reporter), 28 September 1995 at 3 {18} The main work activity of life must be specially analysed, as there are many cases where disability is questioned in this case.
Title I requires employers with 15 or more employees to provide qualified persons with disabilities with the same opportunities to take advantage of the full range of employment-related opportunities available to others. For example, it prohibits discrimination in recruitment, hiring, promotion, training, compensation, social activities and other employment privileges. It limits the questions that can be asked about an applicant`s disability before an offer of employment is made and requires employers to make reasonable accommodations to accommodate physical or mental limitations known to persons with disabilities who are otherwise qualified, short of undue hardship. Religious institutions with 15 or more employees fall under Title I.{49} Neurological impairments account for 11.7% of ADA applications. Who`s Filing Charges with EEOC-And Why, Disability Compliance Bulletin (A Service of the National Disability Law Reporter), 28 September 1995, p. 3. Examples of neurological impairments include epilepsy, severe migraine and nervous system disorders. There is an exception for correctable visual impairment. It is not a handicap if you wear regular glasses to correct your vision. Some mitigation measures have negative side effects.
Negative side effects can be considered to determine if you have a deficiency. {70} In Schmidt v. Methodist Hospital of Indiana, Inc. 5 AD Cases 1340 (7th Cir. 1996), the fact that the employing hospital did not transfer a hearing-impaired nurse who had difficulty installing a dialysis machine because of her inability to switch from hemodialysis to orthopedics does not violate the ADA. The court noted that the hospital offered the nurse additional training in the hemodialysis unit, but he refused, and the hospital offered the nurse the opportunity to resign from her position and reapply for a job in orthopedics, which he refused. Id. at page 1342. The court ruled that the failure to accept these reasonable accommodations rendered him unqualified. Disability remains a subjective concept and is usually determined on a case-by-case basis.
Under the Americans with Disabilities Act (ADA), Section 35.108 categorizes and defines disability with respect to a person as follows: {57} The ADA specifically excludes a person who is currently using drugs illegally as a qualified person with a disability.