Just because the Veteran’s Administration (VA) considers a former soldier to be disabled, that doesn’t automatically mean that person is disabled under other laws, such as the ADA.
Employers can and should consider the employee’s specific problems before agreeing that the vet is disabled and entitled to ADA accommodations.
The case: The VA considers Lan Walters, a veteran who works for the U.S. Postal Service (USPS), to be 60 percent disabled due to physical and mental disorders. When the USPS dismissed Walters from training, he claimed it was due to his disabilities.
But the court looked at his problems and concluded that none were significant enough to make him disabled under the ADA. While he couldn’t “do yard work all day” or “lift his kids for more than five minutes,” his minor weight restrictions weren’t enough to warrant labeling him “disabled.” (Walters v. Potter, No. 1:05-CV-1745, MD PA, 2007)
Final caution: Remember that the Uniformed Services Employment and Reemployment Rights Act (USERRA) may affect how you handle a returning soldier with disabilities. You’re required to reinstate service members and must accommodate service-related disabilities. Also, the law gives disabled veterans up to two years after discharge to recuperate before demanding reinstatement.
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/2307/look-beyond-employees-va-disability-status-to-determine-if-hes-disabled-under-ada-or-state-law "
- Supreme Court's tight Ledbetter filing deadline begins to slip
- Learn the legal risks of viewing school records
- Sexual harassment: Workplace guidelines
- What should we do? Employee says he's allergic to co-worker's service dog
- Crack down on association discriminationâ€”especially if there are threats of violence