Gunster attorney Roger Feicht recently contributed a robust commentary on the 25th anniversary of the federal Americans with Disabilities Act to the Daily Business Review.
In the article, he points out how changes in the Act over the years have broadly expanded the group of medical conditions requiring accommodation by employers – including conditions not currently causing illness, such as diabetes, high blood pressure, or even cancer that is in remission.
The important consideration for employers and Human Resource professionals is to consider whether a medical condition, when/if active, could "substantially limit one or more major life activities" (as defined by the ADA) ... not whether it presently does so.
Feicht also discusses at length another often complex determination to be made: whether an employee or job applicant has the requisite qualifications and capabilities (even with the medical condition) for his or her job in order to eligible for protection under the ADA.
Read the article: ADA coverage still evolving after 25 years (Daily Business Review, 2/10/16) (note: subscription required)
Roger Feicht works in Gunster's West Palm Beach office. He focuses his legal practice on advising employers and employees on employment law issues, with a particular emphasis on defending and prosecuting employment-related lawsuits.
Image courtesy of niamwhan via FreeDigitalPhotos.net.
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