Form181, so glad to see you posting here on the labor law forum. Welcome. I have a question for you. When referring to the ADA and discrimination based on disability what is the criteria? Specifically does the disability have to be something that is guaranteed to be permanent? Is say a failed back surgery or any serious back injury that requires accommodation in order for the employee to continue working a recognized disability as far as the ADA is concerned? What about he interactive process? It is my understanding that IF an employee has an injury that interferes with one of life's major activities, work being only one of them, that the employee is entitled to protections under the ADA and can/should invoke the interactive process with the employer to be able to continue to work with or without reasonable accommodations. Can you please clarify for me what is or is not considered a disability as far as ADA and the EEOC is concerned?


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