Disability Law

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.

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

FAQs

• What are rights under Americans with Disabilities 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?

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What are rights under Americans with Disabilities Act?

• “Layoff” Was Pretext for Disability Discrimination
• Failure to Accommodate, Disability Discrimination = Liability, Part 2
• Failure to Accommodate Disability = Liability
• Don’t Forget Disability When Considering Diversity, Equity and Inclusion
• Can my employer ask me for my medical history?
• Caring for Caregivers
• Do I have to go back to work?
• My picture and personal information are still on my old employer’s website. Can I sue?
• The Duty of Accommodation for Disabled Customers: Are They Required to Participate in An Interactive Process?
• Can an employer express their concerns about an employee’s mental state to other employees?
• Can I be required to take a psychiatric exam?
• Is it okay for CEO to ask us to discuss in team meetings if we had abuse or mental illness?
• Can supervisor ask employee about a random drug test not related to the job?
• What are privacy rights under the ADA?
• Supervisor Promoted Without HR Training Causes Discrimination Lawsuit
• Must I disclose my diagnosis or is a doctor’s note enough to request a medical accommodation?
• What are rights concerning pre-employment medical exams?
• They said I was dangerous because of medication I take and fired me. Is that legal?
• Can my employer make me change my body weight?
• Can we fire an employee on medical leave?
• 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?

What are rights under Family & Medical Leave Act?

• Can my supervisor tell everyone why I was on FMLA?
• Do phone calls count as FMLA leave?
• Can I consider FMLA time when evaluating candidates for promotion?

What are rights of pregnant employees?

• Can my supervisor tell everyone why I was on FMLA?
• Supreme Court Clarifies Employer Obligation to Accommodate Pregnant Workers
• 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?

What are rights under workers compensation?

• Can a workers’ compensation adjuster look into my personal information to use it against me?
• Can I file a workers’ compensation case after I was laid off?

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?