Category: Disability & Leave

The Americans with Disabilities Act (ADA) requires that an employer provide a reasonable accommodation (without undue hardship) to a qualified individual with a disability to enable her to perform the essential functions of the job.  An employer need not – and should not – eliminate an essential function of a job for a disabled employee.  To do so turns the ADA on its head, with the employer basically saying “that’s ok, we don’t expect as...

Emily Kroll was working as an EMT for White Lake Ambulance (WLA) when her supervisor began to get reports from employees about concerns over Kroll’s well being. The supervisor also  received a complaint that Kroll had screamed at a “male acquaintance” on the phone while driving a vehicle with a patient in emergency status. The supervisor told Kroll to attend counseling if she wanted to continue working at WLA.  She said “no” and left the...

An Ohio county government employee had asthma and a severe chemical sensitivity to certain perfumes and fragrances.  In 2008, she began to experience problems breathing at work when working near co-workers wearing Japanese Cherry Blossom perfume.  She asked her employer to ask the co-workers to stop wearing fragrances.  The county did not and the employee’s symptoms and reactions worsened.  In February 2010, she actually had to seek emergency...

By Darrell R. VanDeusen Jessica Chrysler is a congenitally and profoundly deaf individual who communicates with hearing individuals by writing notes, gesturing, pointing, and miming. She can also type, text message, and use body language. Chrysler was hired to take pictures at a photography store, usually of young children. She also was required to sell photo packages. When working with other employees who could hear, Chrysler could perform just...