Jottings By An Employer's Lawyer |
Saturday, February 14, 2004
Difficulties Under the ADA When Work Is the Major Life Activity
One of these difficulties poses a significant Catch-22 dilemma for an ADA claimant such as Sullivan. To be eligible for ADA protection, he must demonstrate that he is a "qualified individual" for the position at issue. [cite omitted] By demonstrating that his ability to work is substantially impaired, he may demonstrate that he is unqualified for the job and, therefore, excluded from ADA protection. If he does not introduce such evidence, however, he may fail to show that he was substantially impaired.In this case the impairment was alcoholism, a category which the court notes is even harder to prevail on because of the statutory provision in the ADA that allows an employer to hold alcoholics to the same standards as other employees, even if the impact on their performance is due to alcoholism. Labels: ADA
|
|