Title I of the ADA and state workers' compensation laws

Before making a conditional offer of employment, may an employer obtain information about an applicant's prior workers' compensation claims?
Before making a conditional offer of employment, may an employer obtain information about an applicant's prior workers' compensation claims or occupational injuries from third parties, such as...

Do exclusive remedy provisions in workers' compensation laws bar employees from pursuing ADA claims?
Do exclusive remedy provisions in workers' compensation laws bar employees from pursuing ADA claims? No. The purpose of workers' compensation exclusivity clauses is to protect employers...

Do the ADA's confidentiality requirements apply to medical information regarding an applicant's or employee's occupational injury or workers' compensation claim?
Do the ADA's confidentiality requirements apply to medical information regarding an applicant's or employee's occupational injury or workers' compensation claim? Yes. Medical...

Does every person who has filed a workers' compensation claim have a disability under the ''record of'' portion of the ADA definition?
Does every person who has filed a workers' compensation claim have a disability under the ''record of'' portion of the ADA definition? No. A person has a disability under the ''record...

Does everyone with an occupational injury have a disability within the meaning of the ADA?
Does everyone with an occupational injury have a disability within the meaning of the ADA? No. Even if an employee with an occupational injury has a ''disability'' as defined by a...

Does the ADA prohibit an employer from creating a light duty position for an employee when s/he is injured on the job?
Does the ADA prohibit an employer from creating a light duty position for an employee when s/he is injured on the job? No, in most instances. An employer may recognize a special...

Does the ADA require an employer to provide reasonable accommodation for an employee with an occupational injury who does not have a disability as defined by the ADA?
Does the ADA require an employer to provide reasonable accommodation for an employee with an occupational injury who does not have a disability as defined by the ADA? No. The ADA does not...

If an employee with a disability-related occupational injury requests a reasonable accommodation, may the employer ask for documentation of his/her disability?
If an employee with a disability-related occupational injury requests a reasonable accommodation, may the employer ask for documentation of his/her disability? Yes. If an employee with...

If an employer has only temporary light duty positions, must it still provide a permanent light duty position for an employee with a disability-related occupational injury?
If an employer has only temporary light duty positions, must it still provide a permanent light duty position for an employee with a disability-related occupational injury? No. The ADA...

If an employer reserves light duty positions for employees with occupational injuries, does the ADA require it to consider reassigning one with a disability to such positions as a reas accommodation?
If an employer reserves light duty positions for employees with occupational injuries, does the ADA require it to consider reassigning an employee with a disability who is not occupationally...

If there is no vacancy for an employee who can no longer perform because of a occupational injury, must an employer create a new position or ''bump'' another employee from his/her position?
If there is no vacancy for an employee who can no longer perform his/her original position because of a disability-related occupational injury, must an employer create a new position or...

May an employer ask disability-related questions or require a medical examination of an employee either at the time s/he experiences an occupational injury?
May an employer ask disability-related questions or require a medical examination of an employee either at the time s/he experiences an occupational injury or when s/he seeks to return to the...

May an employer ask disability-related questions or require a medical examination of an employee with an occupational injury in order to ascertain the extent of its workers' compensation liability?
May an employer ask disability-related questions or require a medical examination of an employee with an occupational injury in order to ascertain the extent of its workers' compensation...

May an employer discharge an employee who is temporarily unable to work because of a disability-related occupational injury?
May an employer discharge an employee who is temporarily unable to work because of a disability-related occupational injury? No. An employer may not discharge an employee who is...

May an employer make a workplace modification that is not a required form of reasonable accommodation under the ADA in order to offset workers' compensation costs?
May an employer make a workplace modification that is not a required form of reasonable accommodation under the ADA in order to offset workers' compensation costs? Yes. Nothing in the...

May an employer refuse to hire a person with a disability simply because it assumes, correctly or incorrectly, that s/he poses some increased risk of occupational injury?
May an employer refuse to hire a person with a disability simply because it assumes, correctly or incorrectly, that s/he poses some increased risk of occupational injury and increased...

May an employer refuse to hire a person with a disability simply because s/he sustained a prior occupational injury?
May an employer refuse to hire a person with a disability simply because s/he sustained a prior occupational injury? No. The mere fact that a person with a disability experienced an...

May an employer refuse to return to work an employee with a disability-related occupational injury simply because it assumes, that s/he poses some increased risk workers' compensation?
May an employer refuse to return to work an employee with a disability-related occupational injury simply because it assumes, correctly or incorrectly, that s/he poses some increased risk of...

May an employer refuse to return to work an employee with a disability-related occupational injury simply because of a workers' compensation of permanent or total disability?
May an employer refuse to return to work an employee with a disability-related occupational injury simply because of a workers' compensation determination that s/he has a ''permanent disability''...

May an employer require that an employee with a disability-related occupational injury be able to return to ''full duty'' before allowing him/her to return to work?
May an employer require that an employee with a disability-related occupational injury be able to return to ''full duty'' before allowing him/her to return to work? No. The term ''full duty''...

May an employer satisfy its ADA obligation to provide reasonable accommodation for an employee with occupational injury by placement in a workers' compensation vocational rehabilitation program?
May an employer satisfy its ADA obligation to provide reasonable accommodation for an employee with occupational injury by placement in a workers' compensation vocational rehabilitation...

May an employer unilaterally reassign an employee with a disability-related occupational injury to a different position instead of the position s/he held at the time the injury occurred?
May an employer unilaterally reassign an employee with a disability-related occupational injury to a different position instead of first trying to accommodate the employee in the position s/he...

Must an employer reassign an employee who is no longer able to perform the essential functions of his/her original position because of a disability-related occupational injury?
Must an employer reassign an employee who is no longer able to perform the essential functions of his/her original position, with or without a reasonable accommodation, because of...

Must an employer, as a reasonable accommodation, reallocate job duties of an employee with a disability-related occupational injury?
Must an employer, as a reasonable accommodation, reallocate job duties of an employee with a disability-related occupational injury? Yes, if the duties to be reallocated are marginal functions...

Title I of the ADA and state workers' compensation laws
Below is the enforcement guidance concerning the interaction between Title I of the ADA and state workers' compensation laws. The purpose of Title I of the ADA is to prohibit employers...

Under the ADA, is a rehabilitation counselor, physician, or other specialist responsible for deciding whether an employee with a disability-related occupational injury is ready to return to work?
Under the ADA, is a rehabilitation counselor, physician, or other specialist responsible for deciding whether an employee with a disability-related occupational injury is ready to return to...

What are the reinstatement rights of an employee with a disability-related occupational injury?
What are the reinstatement rights of an employee with a disability-related occupational injury? An employee with a disability-related occupational injury is entitled to return to his/her...

When an employee requests leave as a reasonable accommodation under the ADA because of an occupational injury, may an employer provide an accommodation that requires remaining on the job instead?
When an employee requests leave as a reasonable accommodation under the ADA because of a disability-related occupational injury, may an employer provide an accommodation that requires him/her...

When does a person with an occupational injury have a disability under the ''regarded as'' portion of the ADA definition?
When does a person with an occupational injury have a disability under the ''regarded as'' portion of the ADA definition? A person with an occupational injury has a disability under...

When may an employer ask questions about an applicant's prior workers' compensation claims or occupational injuries?
When may an employer ask questions about an applicant's prior workers' compensation claims or occupational injuries? An employer may ask questions about an applicant's prior workers'...

When may an employer require a medical examination of an applicant to obtain information about the existence or nature of prior occupational injuries?
When may an employer require a medical examination of an applicant to obtain information about the existence or nature of prior occupational injuries? An employer may require a...





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