Suspect worker isn’t disabled? See if he’s working elsewhere — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Suspect worker isn’t disabled? See if he’s working elsewhere

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Some employees have minor medical conditions they claim make it impossible to perform some aspect of their jobs. They want accommodations, assuming they will meet the ADA disability definition—that impairment of a major life function keeps them from working. The ADA requires an impairment substantial enough to disqualify the employee from a whole class of jobs, not just one.

If you want to challenge such a disability claim, check to see whether the employee is working elsewhere.

Recent case: Kevin Chesney was hurt at work and got workers’ comp. Then he was observed driving a cab while off work. His employer fired him and he sued, alleging he was disabled because he couldn’t do his regular job.

The court disagreed, reasoning that if he could drive a cab, he wasn’t substantially impaired in the ability to work. (Chesney v. Valley Stream, No. 05-Civ-5106, ED NY, 2009)

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