Service-related health problem seems minor? Employee might still have ADA disability claim

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in Discrimination and Harassment,Human Resources

Ordinarily, the ADA doesn’t protect employees who have temporary physical problems that don’t last long or seriously interfere with their lives. But ailments and conditions that last indefinitely are another matter.

Don’t assume that even minor-sounding problems aren’t covered by the ADA and don’t qualify for reasonable accommodations.

That’s especially true for a veteran who the Department of Veterans Affairs (VA) has rated as partially disabled by service-related injuries. It seems a service disability with a rating as low as 10% can sometimes mean the vet is disabled within the meaning of the ADA and other laws such as the Rehabilitation Act.

Recent case: Matthew is a military veteran who worked as a surgical anesthesiologist at the Sacramento VA Medical Center. When he was on active duty years ago, he injured his knee. Almost two decades later, he had such knee problems that he asked the VA for partial disability payment...(register to read more)

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