• LinkedIn
  • YouTube
  • Twitter
  • Facebook
  • Google+

Waste elimination problems may be ADA disability

by on
in Discrimination and Harassment,Firing,Human Resources

Employees may be disabled under the ADA if surgery or another medical condition forces them to use the bathroom frequently. The condition affects a major life activity—elimination of wastes.

Recent case: Robert Garvin’s gall bladder was removed and he claimed that ever since the surgery, he has had near constant diarrhea. He alleged that his condition requires him to change his clothes several times a day.

When he was fired for allegedly falsifying expense reports, he sued, alleging that the real reason was disability discrimination. His former employer argued he wasn’t disabled.

The court said his condition, if proven, would have been a covered disability.

The court threw out Garvin’s case anyway. It said the employer had a legitimate, completely unrelated reason for firing Garvin: falsifying expense reports. (Garvin v. Progressive Casualty Insurance, No. 5:08-CV-3758, ED PA, 2010)

Like what you've read? ...Republish it and share great business tips!

Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...

We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.

The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.

" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/11834/waste-elimination-problems-may-be-ada-disability "

Leave a Comment