• LinkedIn
  • YouTube
  • Twitter
  • Facebook
  • Google+

Is employee really disabled? Use common sense

by on
in Discrimination and Harassment,Employment Law,FMLA Guidelines,Performance Reviews

When it comes to deciding whether to grant reasonable accommodations, the first step is to determine whether the employee is really disabled. A diagnosis isn’t the last word.

Does the condition actually limit the employee in some substantial way?

Recent case: Kathleen Franceschelli took FMLA leave after being diagnosed with lupus and fibromyalgia. When Verizon fired her for poor performance after she returned to work, she sued for disability discrimination.

But Verizon pointed out that Fran­ceschelli’s medical condition hadn’t affected her very much. She still drove a car, walked her dogs, attended Penn State football games and generally continued to do everything she had done before diagnosis.

The court said she wasn’t disabled and dismissed her lawsuit. (Fran­ceschelli v. Verizon, No. 3:09-1553, MD PA, 2011)

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/14602/is-employee-really-disabled-use-common-sense "

Leave a Comment