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Americans with Disabilities Act Archives

The ADA and the rights of disabled employees

Wisconsin individuals who are disabled may wonder what rights they have under the Americans with Disabilities Act when they seek employment. This act provides protection to individuals who suffer from a substantial disability that significantly impairs their life.

Truck driver wins alcohol disability suit against employer

Wisconsin truck drivers might be interested in a case in which Old Dominion Freight Line was found guilty of violating the American with Disabilities Act and ordered to pay one of its former drivers more than $100,000 in back pay. The Equal Employment Opportunity Commission sued the company on behalf of the employee after the driver was dismissed when he sought help for an alcohol problem in 2009. Under the Americans with Disability Act, alcoholism is considered a disability. Employers are required to make reasonable accommodations for disabled employees.

Can an employer request a medical exam?

Wisconsin employers are prohibited by state and federal law from discriminating against employees and prospective employees based on disability. Disability discrimination is covered by the Rehabilitation Act or the Wisconsin Fair Employment Act, as well as by the Americans with Disabilities Act.

Protection against disability discrimination at work

The Fair Employment Law in Wisconsin prohibits employers from discriminating against an employee due to his or her disability. This law applies to almost all public and private companies regardless of how many employees it has. Furthermore, the federal Americans with Disabilities Act provides protection from disability discrimination to employees working for companies with more than 15 employees.

What is consider reasonable accommodations under the ADA?

Wisconsin employers must abide by the Americans with Disabilities Act of 1990. This federal law states that reasonable accommodations must be made for employees or applicants who suffer from a disability. An employer may be exempt from this requirement if it would create an undue hardship for the company. Reasonable accommodations are defined as modifications to the workplace that enable an employee to do the job to the best of his or her abilities.

What is considered reasonable accommodation under the ADA?

Both Wisconsin employees as well as those persons seeking a job in the state may be interested in the requirements placed on employers in order to be in compliance with the Americans with Disabilities Act. The law uses the term 'reasonable accommodation" when describing what an employer must do in order to facilitate someone with needs either applying for or performing a job.

Federal disability discrimination law applies in Wisconsin

Federal law prohibits employment discrimination based on a disability of an employee or job applicant. Disability discrimination is governed by the Americans with Disabilities Act. According to the protections offered by the act, employers may not treat a person less favorably because of a belief that he or she has a disability or a history of disability. Discrimination is prohibited with regard to pay rates, job assignments, hiring and firing decisions, promotions, layoffs, fringe benefits and other employment related matters.

Involuntary wellness program in violation of ADA

On Aug. 20, the Equal Employment Opportunity Commission filed a lawsuit against a Wisconsin company for how it handled its company wellness program. The lawsuit alleges that a woman who was employed by Orion Energy Systems, Inc., was retaliated against and then fired for not participating in the program. According to the EEOC, the company's policy regarding the wellness program was a violation of the Americans with Disabilities Act.

What protections does the ADA afford employees?

The Americans with Disabilities Act is meant to afford individuals in Wisconsin who are disabled with protection from discrimination in the workplace. Interestingly, the protections offered by the act are not only extended to those who suffer from disabilities. Those who have relationships with a person, such as a worker with a disabled spouse, might also be covered by the act.

Schedule change and rush-hour traffic at issue in employee's suit

Wisconsin residents who are stressed by traffic may sympathize with a New Jersey woman who has filed a lawsuit against a former employer. In the disability discrimination case, she alleges that her wrongful termination was due to her inability to drive in rush-hour settings. It is reported that the woman took time off for medical issues in 2012 as she suffered from anxiety and depression. The suit indicates that these issues are aggravated by crowded roadways.

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