51 votes
Accepted

Job interview adjustment request was ignored. Is this an act of discrimination?

Yes, this would be an ADA violation The Americans with Disabilities Act (ADA) requires that "reasonable accommodations" be provided to people with disabilities in both the job application ...
Ryan M's user avatar
  • 10.3k
17 votes

Is the requirement to have positive attitude discriminatory?

A person suffering a mental disability is entitled to accommodations in employment. See these various sub-pages from EEOC on the ADA Amentments Act 2008, and this guidance on what an employee's rights ...
user6726's user avatar
  • 215k
6 votes

Is the requirement to have positive attitude discriminatory?

I'll differ from the other answers on a technical ground. Let's assume that in the OP hypothetical, the following assertions are true: The position description includes a "positive attitude&...
IllusiveBrian's user avatar
6 votes
Accepted

Did "stay at home" signs during COVID unlawfully discriminate against people with conditions like asthma?

You have to start with the pertinent ADA regulations, 28 CFR Part 36, and esp. subpart B which gets to the prohibition. Under §36.201(a), No individual shall be discriminated against on the basis of ...
user6726's user avatar
  • 215k
5 votes
Accepted

Am I allowed to opt out ADA privileges if my doctor allows it?

There's nothing to cancel. Your employer has made an exception for you, because of the ADA: you are not required to be vaccinated. That doesn't mean you can't be vaccinated. Once your doctor ...
phoog's user avatar
  • 36.9k
5 votes
Accepted

Is employer obligated to provide an option to “opt out from existing ADA privileges” to keep the job?

The ADA continues to apply, and an employer cannot simply withdraw an accommodation on a whim. You have established a medical need for an accommodation, and your employer must offer an accommodation ...
David Siegel's user avatar
4 votes

Take action against a hotel for negligence in accommodating a disabled guest?

You have "standing" to take legal action, given the particularized injury you've suffered. If you're interested in doing so, you would talk to a civil-rights or disability-rights lawyer. ...
bdb484's user avatar
  • 58.3k
4 votes

Elevators in Apt Bldg Reserved for Move-In/Out - ADA Violation?

Possibly I skimmed through my copy of the 2010 ADA to try and glean this answer, but there's a few things that are making it difficult to definitively determine. The most pertinent thing is the ...
Pyrotechnical's user avatar
4 votes

Is the requirement to have positive attitude discriminatory?

Maybe. It all depends. You assert without proof that jobs can be done with a bad attitude. But can they be done well enough if at all. I can envision some jobs that would fail without the proper ...
not yet a lawyer's user avatar
3 votes

Is the requirement to have positive attitude discriminatory?

First you'd have to define what "positive attitude" means as a requirement. As someone who deals with moderate depression, I don't view this as being blatantly discriminatory. A positive ...
Logarr's user avatar
  • 179
3 votes

Is it illegal to proactively request to accommodate people?

The EEOC has an answer for your question, here. You cannot ask if the person has a disability, or anything that is likely to reveal if they have a disability. They also say that You can ask an ...
user6726's user avatar
  • 215k
3 votes

The legally blind vs medical intake forms

Under SubChapter III, section 12181. paragraph (7) (F) of the Americans With Disabilities act (ADA), a "professional office of a health care provider, hospital, or other service establishment;&...
David Siegel's user avatar
3 votes

Job interview and negotiation for reasonable accommodations

This is covered by the page Job Applicants and the ADA from the U.S. Equal Employment Opportunity Commission. There it is said: I have a disability and will need an accommodation for the job ...
David Siegel's user avatar
3 votes
Accepted

Response time for reasonable accommodation

The agency is allowed a reasonable time to implement the request, given the nature of the request and surrounding circumstances. Superficially, it would seem that the request is to continue working at ...
user6726's user avatar
  • 215k
3 votes

What kinds of injuries are covered by Social Security?

The Social Security Administration only provides benefits for what has been termed as total disability, which can be broadly described as the long-term, indefinite ability to work. Short-term injuries,...
Michael's user avatar
  • 2,160
3 votes
Accepted

How Much Protection Does the Americans with Disabilities Act afford individuals with Sleep Disorders?

There is no clear answer, though multiple sources feel that the answer is clearly "yes" and "no", and there is a reasonable probability that given the circumstances described, a ...
user6726's user avatar
  • 215k
3 votes
Accepted

Possible legal repercussions for ignoring reasonable accommodation requests

Note that while a person can request a specific accommodation, an employer or potential employer is not required to grant the specific accommodation requested. Some other accommodation which (the ...
David Siegel's user avatar
3 votes

Are the US consulates obligated to provide reasonable accommodations for medical conditions (for non-citizens)?

Assuming, for sake of argument without fully analyzing the question, in light of the Vienna Conventions of Consular Relations, that the law applicable to the U.S. Federal Government and not local law ...
ohwilleke's user avatar
  • 206k
2 votes

Elevators in Apt Bldg Reserved for Move-In/Out - ADA Violation?

You can kick a fuss, but all you'll do for your trouble is get the handicap parking spots moved to the P elevator. And get the EV parking spots moved or augmented and their price raised. Only four ...
Harper - Reinstate Monica's user avatar
2 votes

Does a website service for image editing need to be ADA compliant for visually impaired users?

As GACy20 points out, ADA only requires reasonable accommodations. For a graphics editors, the reasonable accommodations for the visually impaired might be somewhat limited, but there are some ...
Brian's user avatar
  • 708
2 votes

Would you be allowed to get a government ID if you had no fingerprints?

Yes. Fingerprints are not required as part of the drivers-license application process.
bdb484's user avatar
  • 58.3k
2 votes
Accepted

At what level is WCAG enforceable?

WCAG is a standard, not a law. It is one way of providing the accommodations required under the Americans with Disabilities Act, but not the only way. Additionally, the ADA only requires reasonable ...
Mark's user avatar
  • 6,154
2 votes

HR is suddenly changing their opinion. Can this be considered an act of discrimination?

It certainly sounds like it. They suddenly changed their minds about interviewing you when they found out about your condition without giving a good reason. As long as that condition meets the ADA ...
Paul Johnson's user avatar
  • 13.2k
1 vote

Would the ADA allow a teacher with comorbidities relevant to COVID-19 to insist on teaching remotely in Fall 2020?

The relevant ADA rule is 29 CFR 1630_19, which says It is unlawful for a covered entity not to make reasonable accommodation to the known physical or mental limitations of an otherwise qualified ...
user6726's user avatar
  • 215k

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