A few common mistakes are: (1) failing to accommodate, (2) independently determining that the employee is not disabled, and (3) condoning retaliation against the employee for seeking or acquiring their accommodation.
Definition. Disabled is defined under the law as either:
- having a physical or mental impairment to a major life activity;
- having a record or history of a physical or mental impairment; or
- the employer incorrectly regards the employee as having disability
Major Life Activity. A major life activity is a physical or mental impairment that substantially limits a major life activity, without taking mitigating measures into account. A mitigating measure includes: supplies, technology, prosthetics, hearing aids, and other similar assistive technology. Please note that items such as contacts or glasses are generally not deemed to be mitigating measures.
Regarded as Disabled. What's more, if an adverse employment action is based upon the employer's perception that the employee is disabled, and the employee is not actually disabled, the employee may still have a claim for discrimination.
Depending upon the circumstances, even women who are undergoing pregnancy may have claims with respect to disability.
If you or someone you know has experienced discrimination on the job, at school, or at any public or private location, please give our office a call at 832.374.1598
By: DaSean A. Jones | 832.374.1598