Posts Tagged ‘medical condition’

Vague, open-ended medical leave denied

The Americans with Disabilities Act requires employers to consider a leave of absence for an employee due to a medical condition as a form of accommodation. However, that requirement is not without limitations. A recent appeals court decision that applies to Oklahoma employers demonstrates that an employer may not be required to provide leave to…

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Court rules employer not able to accommodate pregnant employee

A recent ruling by the federal appeals court that covers Oklahoma reminds employers that they must treat pregnant employees with health conditions or work limitations the same as any other employee with health conditions or work limitations. Pregnant employee can’t perform essential job requirement Stacey Jackson worked as an operator at a fertilizer plant owned…

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The need for actual medical evidence in disability cases

Employers frequently call with concerns about employees who self disclose an alleged disabling condition that is not readily apparent, and who claim substantial limitations as a result. The employer’s concerns center on when their duty to accommodate kicks in. Although we caution employers to consider such employee statements seriously and to at least initially presume an obligation to consider reasonable accommodation, the law ultimately places the burden on the employee to produce actual medical evidence of a disability and its impact on major life activities, as opposed to the employee’s mere opinion.

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