Employees who are infertile may qualify for reasonable accommodations under the ADA. That's true even if the underlying medical condition that caused the infertility has been cured. As a result, you may be required to give infertile employees time off for fertility treatments and even adoption planning.
Recent case: A computer programmer developed cancer of the uterus and had to undergo a hysterectomy. When she sued for disability discrimination, the question arose whether she was truly disabled simply due to her infertility. The court said "Yes." Because childbearing is a major life function (as the Supreme Court decided years ago in the Bragdon v. Abbott case involving an HIV-positive person), infertile employees are disabled and entitled to accommodations to deal with infertility. (Yindee v. CCH, Inc., No. 05-3069, 7th Cir., 2006)
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/2011/infertility-is-considered-a-disability-under-ada "
- How to terminate employees who have been out on workers' comp
- Use 'fresh-start' policy to cut retaliation risk
- Beware justifying hiring or promotion with criteria that don't appear in job description
- Vague 'unfairness' complaints aren't protected activity
- End of harassment investigation triggers filing period