Americans with Disabilities Act

questions & answers

Question: Who do I report to if I know of someone working while being paid for medical disability?

Answer: The Americans with Disabilities Act specifies the following as an individual qualified for disability: A qualified individual with a disability is a person who meets legitimate skill, experience, education, or other requirements of an employment position that s/he holds or seeks, and who can perform the oeessential functionsî of the position with or without reasonable accommodation. Requiring the ability to perform "essential" functions assures that an individual with a disability will not be considered unqualified simply because of inability to perform marginal or incidental job functions. If the individual is qualified to perform essential job functions except for limitations caused by a disability, the employer must consider whether the individual could perform these functions with a reasonable accommodation. If a written job description has been prepared in advance of advertising or interviewing applicants for a job, this will be considered as evidence, although not conclusive evidence, of the essential functions of the job. The ADA website provides answers to more commonly asked questions as well as a help/information line which you can call to have your specific question looked into in more detail. Generally you would file a report with the ADA through their website or by calling. It would be up to them to evaluate the situation and see if there is in fact a violation. You could also look through the Attorney Generals office website in AZ to see if there is anything that applies to your exact situation.

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