On May 24, 2011, the final ruling was received on the interpretation of the Americans with Disabilities Act Amendments Act. This interpretation reinforces that it is unlawful to discriminate against anyone because of a medical condition. It also broadens the definition of disabilities; keep in mind that almost any medical condition could be covered by the ADAAA. The ADAAA focuses on accommodation. The employer is not required to create a job, reduce production requirements or performance standards to provide accommodations. Employers could be expected to modify a schedule, give some time off, make minor changes to a workstation, or reassign some work tasks. Additional time off work could be the reasonable accommodation that is needed. In the past, employers could terminate if an employee did not return to work after the exhaustion of FMLA. However, with the new interpretations, look a little closer at the situation. Extending a leave by a few weeks could be a reasonable accommodation that would get the employee back to work. Review medical leave and termination policies and practices. Be aware of any provisions which call for automatic termination. Be sure to take a moment to assess the situation and consider a reasonable accommodation option. Always assume that you are dealing with an ADAAA disability. Most of the time you will be correct. You may error some on the right side, but you may be keeping yourself from landing in court.
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