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American Disability Act

Many people live everyday with a disability. Many times employees wonder “What is American Disability Act”? An American Disability Act is a law that was passed by the US Congress in 1990. The American Disability Act is a widespread civil rights law that bans under certain conditions discrimination based on disability. Disability is defined as “a physical or mental impairment that substantially limits a major life activity.” Read below where Experts have provided answers to the top commonly asked questions on American Disability Act.

Would severe depression fall under the American Disability Act?

Prior to the amendment in 2008 under the American Disability Act, severe depression would not qualify as a disability because the required condition is to be permanent and affect a major life function. Since depression can be treated it is not a permanent condition and does not usually count as a permanent disability. When employees believe they have a disability, contact an Expert on JustAnswer to receive insight and legal answers to see if the American Disability Act recognizes that disability and see if they are covered under this act.

Under the American Disability Act is an employer required to accommodate a disability due to back pain?

If they are currently employed, then their employer must allow reasonable accommodations in the workplace, if they can still perform the functions of their job. The employer cannot terminate the employee because they have a disability unless they cannot perform the functions of their job.

Does the American Disability Act cover people with learning disabilities, also can a college exclude someone from a program because of a learning disability?

The American Disability Act and the Individuals with Disabilities in Education Act both provide that an academic institution has to provide a reasonable accommodation to those with a diagnosed disability. The college can only refuse accommodation if they can prove a justifiable danger would be allowing a person to be allowed in or complete the program. They can file an appeal to the Disabilities office of the institution and then their recourse would be to file a complaint with the state commission on human/civil rights and the United States Department of Education, and they will look into the case and make the decision based on what they find.

If an employer has a note stating they are disabled can this qualify them as being disabled, and are they then covered under the American Disability Act?

If the employee has a doctor’s note that states they are disabled, in some cases the employer can request a second medical evaluation to see the disability or the degree of the disability. The employer can request that additional medical information to support the doctor’s note. An employer can refuse an American Disability Act request if accommodating the employee would create poverty on the company.

If someone has problems standing for long period of time due to knee problems and their employer is asking them how does the employees condition limits them and how they can accommodate, how should the employee answer that without retaliation?

They would need to state what their condition is, as well as the limitations that they face. Under the Americans with Disabilities Act the employer must attempt to accommodate the employee’s condition. If the accommodation places an excessive duty on the employer, then it is not required apply the accommodation. The employer wants the employee to explain their disability, and provide ideas on how to accommodate them. They need to state the problem truthfully, and make suggestions about how their condition can be accommodated.

Experts have many years of experience in employment law. When dealing with a disability, and trying to find the answers to someone’s right in the American Disability Act, contact an Expert, for fast and affordable answers.

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8063
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
Employment Lawyers are Online Now

How JustAnswer Works:

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    Ask follow up questions if you need to.
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Recent American Disability Act Questions

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    I just mediated my ADEA, retaliation, gender and wage claim. I will be signing the severance agreement. Both parties have agreed to the mediators proposal. I have filed an EEOC charge, however, the employer has yet to receive a copy. I chose to mediate this early as I am on FMLA and neither myself, nor the company want me to return to the business because of the position I hold. My question is, in Texas, can I still proceed with a punitive EEOC charge? I am getting conflicting advice.
  • I work in a call center for an insurance claims dept. We've

    I work in a call center for an insurance claims dept. We've started using "Work force management" this year, which really just amounts to micro managing our time. The problem is that we are assigned specific times every day to take a break as well a lunch (which change daily) and because of the work force management software we have to clock in and out of customer initiated phone calls, breaks, lunch, etc...
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  • I'm wondering if I can change a non compete contract that I will be signing with a co

    I'm wondering if I can change a non compete contract that I will be signing with a contractor and just initial the changes for their review or does this have to be written up by a lawyer? All I am looking to change on the non compete is to put a 2 year restriction on it so I will be freed from contract after the 2 years. As of now there is no time restriction on the contract..
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