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ADA Blog #144 (Part 1 of 2)

DOES THE #ADA REQUIRE EMPLOYERS TO PROVIDE A REASONABLE #ACCOMMODATION FOR FAMILY MEMBERS WITH A #DISABILITY? (Part 1)

Imagine this scenario. You’ve been working for approximately one year at your company when your spouse is unexpectedly diagnosed with #cancer. One week after being approved for leave under the #Family and Medical Leave Act, you’re fired for #insubordination, relying on statements from customers and co-workers that you have been disrespectful, exhibit a poor attitude, and fail to perform your job properly. Believing that the real reason for her #termination is the need for time off to care for your ill spouse; can you sue for #disability #discrimination?

A fine a line exists between lawfully #terminating an #employee because of the need to take time off to care for a relative, and unlawfully #terminating an employee because of a relative's #disability.

Do you know when you might cross that “fine line” by your #employment decisions? These decisions are risky, and need to be made carefully. Please take some time to discuss the implications of this scenario with your staff before reading ahead to my next blog.

Shelley

This information should not be construed as “legal advice” for a particular set of facts or circumstances. It is intended only to be a practical guide for participants familiar with this subject. Users should seek appropriate legal advice tailored to address their specific situation.