Tag Archives: ADA

Employer’s Honest Belief That Employee Could Not Perform Job Due to Medical Condition Justified Termination

An employer was justified in terminating an employee based on its honest belief that the employee could not perform his job due to his medical condition. In Degraw v. Exide Technologies (10th Circuit February 20, 2012), the employee worked as a material handler and had a history of back problems predating his employment. He took … Continue reading this entry

When Is a Test a Medical Examination?

For many years, FedEx employed a hard-of-hearing worker at Kennedy Airport who operated a “tug,” which is heavy machinery used to load and unload airplanes. After the employee committed a number of safety violations, FedEx required him to participate in a field test, devised by a FedEx safety committee to test the employee’s ability to … Continue reading this entry

"Associational Disability Discrimination" -- Yet Another Protected Category

Everyone knows the Americans with Disabilities Act (ADA) prohibits employers from discriminating against employees because of their mental or physical disabilities. But did you know the ADA also prohibits discrimination against an employee based on the employee’s relationships or associations with a disabled person? This broad reach of the ADA provides yet an additional basis for … Continue reading this entry

Using Fitness-for-Duty Exams to Avoid Possible Harmful Conduct

The ADA and its regulations generally prohibit an employer from requiring medical examinations or inquiring about the existence or severity of an employee’s disability. There are specific instances in which a medical examination of an employee may justified, and the ADA will allow an employer to require one. One of these exceptions is an employee … Continue reading this entry