Day in and day out, we at Pautsch Spognardi & Baiocchi Legal Group LLP, get more questions about disability discrimination and accommodation than any other law. We developed a quiz to alert you to some of the tougher ADA issues. Answers will be provided in next week’s iBrief™. (Questions developed by Charles Pautsch/Lisa Baiocchi)
QUIZ – Are the Following Questions True(?) or False(?)
- The Americans with Disabilities Act and state laws providing protections against disability discrimination cover employers with 15 or more employees, and not those with less.
- So long as you treat an employee who is an individual with a disability the same as all other employees you will comply with the requirements of ADA.
- ADA and state discrimination laws against disability discrimination require equal treatment between employees with disabilities and those employees that do not have disabilities.
- Depressive disorder is a covered disability under ADA.
- An employee who suffers a compound fracture of their tibia and fully recovers from this injury and receives a full release for work in four months’ time is likely covered by ADA due to this condition.
- An employee who suffers an Achilles tear in her left foot and is fully released for a return to work after exactly one year is covered under ADA.
- An employee whose only physical limitation on her medical release for work is a 15-pound lifting restriction is not covered by ADA.
- An employee whose only physical limitation on his medical release for work is a 50-pound lifting restriction is not covered by ADA.
- Migraine headaches are not a covered disability under ADA.
- The definition that sets forth the requirements for qualifying as an “individual with a disability under ADA” is essentially the same as that defining a “serious health condition” under the FMLA.