Answer to Question of the Week
Each week, we post a thought-provoking question for your consideration. Here’s last week’s question, along with your responses . . .
I’m allergic to work. Is that a disability under the Americans with Disabilities Act?
a. Yes (6%)
b. No (29%)
c. Perhaps, if it limits one or more major activities of everyday life (45%)
d. Only if it is a “serious health condition” as defined under the law (20%)
Congratulations — the correct answer is indeed “c.”
The Americans with Disabilities Act (ADA) protects physical or mental impairments that “substantially limit one or more major life activities.” Employers should be careful to apply that test rather than jumping to any conclusions about whether a particular condition may or may not be covered. “Major life activities” has been defined to include breathing, sitting, standing, walking, seeing, hearing, performing manual tasks, caring for oneself, learning and working.
Another tip: Any time an answer starts with “perhaps,” “maybe” or “it depends,” chances are that’s the correct answer. Have you ever known a lawyer who didn’t start an answer that way?
Our readers are now batting a respectable .481 (13 right, 14 wrong) on our Questions of the Week. The next one will be coming your way soon.
Thanks for your participation!