Disability law
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Disability Discrimination and Reasonable Accommodation, our practice area related to disability law
The Americans with Disabilities Act ("ADA") and state and local laws prohibit discrimination on the basis of disability in all employment practices. An employer may not discriminate against an employee with a disability because of that employee's disability, nor may the employer deny the employee a reasonable workplace accommodation that would allow the employee to perform his or her job. -
Keeping the Employee Working: Reasonable Accommodations and Leave Requirements
The basic principle underlying the reasonable accommodation provision of the disability laws is to keep qualified employees working. Often, however, the accommodation requested is in the form of leave, which will allow an employee to seek the treatment or rest necessary to return to work and perform the essential functions of the job. Requesting or taking leave from work to address a serious medical condition implicates both federal and state disability laws, as well as federal and state family and medical leave laws. Developing a solid understanding of both the Americans with Disabilities Act and the Family and Medical Leave Act and understanding in particular the overlap that occurs between the two statutes (and their state counterparts) on issues such as the length of leave, medical documentation required, the process for sharing information with the employer, and rules regarding the return to the workplace is critical for a civil rights attorney to effectively represent an employee with a serious medical condition and to keep that employee working.