Major Life Activity

12 Feb Calculating Work-Life Expectancy Damages

Posted at 09:46h in Accomodations, ADA, Calculating Damages, California Law, CFRA, Damages, Disability, Disability Discrimination, Economists, Emotional Distress, Employment Discrimination, Essential Functions, Failure to Accommodate, FEHA, FMLA, Leave of Absence, Life Expectancy, Loss of Employment, Loss of Income, Major Life Activity, Medical Condition, Work-Life Expectancy, Wrongful Termination

Economists can prove to be indispensable in the calculation of future lost income damages for someone in a disability case, and we will bring them in if necessary. Part of the valuation of future lost damages is a plaintiff’s work-life expectancy. Unfortunately, if a person has a medical condition reduces his or her work-life expectancy, future lost income may be affected by that. This unfortunate part of the calculation cruelly ironic since it is because of that medical condition that they lost their job in the first place. Ultimately, these are decisions that will be made by a jury and would have to hold up in court, but the court will take into consideration a number of factors including the ability to secure another job, when determining damages. If you have been wrongfully terminated because of a disability or a need for a disability accommodation, contact an employment lawyer today at the Khadder Law Firm for a free initial consultation....

23 Jan How specific do I have to be with my employer about what my mental disability is?

Posted at 09:26h in Accomodations, ADA, California Law, CFRA, Disability, Disability Discrimination, Employee Right to Privacy, Employment Discrimination, Essential Functions, FEHA, FMLA, Major Life Activity, Mental Disability, Protected Categories

Both the ADA and the FEHA don’t require an employee to disclose the specifics of their disability. You don’t have to provide your employer with a detailed diagnosis of your condition. However, your employer is entitled to know how your disability affects your ability to perform your job(s). One of the important reasons why an employer has a right to know how your disability affects your ability to perform your job is that employers have an obligation to provide a reasonable accommodation so that a disabled employee can perform the essential functions of his or her job. While your employer doesn’t have a right to know the name of what you suffer from, they do have a right to know what your disability limits, in terms of the essential functions of your job. If you have experienced discrimination by your employer because of a disability, or your employer fails to provide you with a reasonable accommodation for your disability, contact an employment lawyer today at the Khadder Law Firm for a free initial consultation....

20 Jan Migraines As a Disability in the Workplace

Posted at 09:23h in Accomodations, Disability, Disability Discrimination, Employment Discrimination, Essential Functions, Failure to Accommodate, Major Life Activity, Mental Disability, Migraine Headaches, Physical Disability, Protected Categories, Short Term Disability

Migraines are a common disability. From my experience, it has to be more than just your typical headache; people who suffer from migraines know the difference. Migraines can be quite disabling, and people often have severe pain, nausea, and sensitivity to light. All of those symptoms can make it difficult for a person to perform a major life activity such as working. There is not an exhaustive list of mental disabilities. These are taken on a case-by-case basis, and the question is whether it limits a major life activity. If you’re not sure whether your condition qualifies as a disability, please contact an employment lawyer at the Khadder Law Firm as soon as possible to speak with an experienced disability law attorney....

12 Jan What is a “Major Life Activity” as Defined by the Fair Employment and Housing Act?

Posted at 09:05h in Accomodations, ADA, Disability, Essential Functions, FEHA, Major Life Activity, Mental Disability, Physical Disability, Protected Categories

A major life activity is really determined on a case-by-case basis, but a key major life activity is the ability to perform the essential functions of your job; in other words, to be able to work. So, if your physical or mental impairment limits your ability to perform your job, then it would qualify under the state law or the FEHA, as a state disability. If the major life activity is substantially limited, then it would qualify as disability under the ADA. Other forms of major life activities could include being able to drive, or being able to read, or see. It’s important to note that for your disability to be protected in the employment process, you should be able to perform the essential functions of your job position, with or without a reasonable accommodation. If you can perform the essential functions of your job with an accommodation, then you are protected under the disability discrimination laws. (This is carefully determined on a case-by-case basis during facts obtained during inquiry). For instance, if you’re hired as a typist, basically your job is to type all day, then an essential function of your job would be your ability to type. If you don’t have fingers or you have problems with your hands, that could make it difficult or impossible to type. The key is that an employer can’t discriminate against you if you’re able to perform the essential functions of your job with an accommodation. In the case of a typist, one accommodation might be to have software that allows you to dictate rather than type. The dictation software would take the place of typing. Or, if you’re seeing impaired, but you can see the keys if they have some form of braille on them, that would be an accommodation that assists you in performing the essential functions of your job. In sum, the “essential functions” component of a discrimination case looks at your ability to perform the essential job functions with or without an accommodation based on the nature of the disability and how it impairs your ability to perform the essential functions. Because a disability is defined by the way it affects your ability to perform a major life activity, the difference between ADA and FEHA in terms of “substantially limits,” versus just “limits” a major life activity is very. If you have a disability that limits a major life activity, such as performing the essential functions of your job, and you have experienced disability discrimination by your employer, contact an employment lawyer today at the Khadder Law Firm for a free initial consultation. ...

08 Jan What Qualifies As a Mental Disability?

Posted at 09:10h in Accomodations, ADA, Disability, Disability Discrimination, Employment Discrimination, Essential Functions, Failure to Accommodate, FEHA, FMLA, Long Term Disability, Major Life Activity, Mental Disability, Protected Categories, Short Term Disability

The question about what constitutes a mental disability under the law isn’t necessarily focused on specific conditions. There’s not an exhaustive list of mental conditions that qualify as disability. The important question is whether a mental condition limits the performance of a major life activity. It is not so important what name you give to the condition; what matters are the symptoms and how it limits your major life activities. That being said, there are a number of mental conditions that I see quite a bit in my practice that often do constitute a mental disability. Bipolar disorder is a common mental disability that I see that has become an issue in my practice. Bipolar disorder is a condition where a person suffers from depressive episodes and manic episodes. In either situation, whether someone is suffering from a depressive episode or a manic episode, it can have a major impact on a persons’ ability to perform their job. A similar condition, although it’s not identical (there are key distinctions) is Major Depressive Disorder, and it can also greatly affect a person’s ability to do their job. People with major depressive disorder can suffer from insomnia, may have a hard time getting out of bed, and can suffer from physical symptoms that are related to their depression. They can also suffer from side effects of medications used to treat the depression. Major depressive disorder can have profound impacts on a persons’ ability to perform their job. If you have experienced discrimination by your employer because of a mental disability, contact an employment lawyer today at the Khadder Law Firm for a free initial consultation....