Why would someone bring a “record of disability” claim?
More record of
disability claims are being brought since the U.S. Supreme Court's 1999 decision in Sutton v. United Air Lines, 6 ADD ¶6-217. In that case, the high court determined that the disability determination should be made with reference to any measure the individual uses to mitigate his or her impairment.
Record of
cases are becoming more common among individuals who are currently taking medication. An individual with an impairment that is not substantially limiting as corrected might still seek an accommodation-perhaps the individual needs leave for treatment. In such a case, the individual may bring a record of
disability claim.
HR should take care so as to not skip over the record of
step of the disability analysis. An accommodation request should not be denied without consideration as to whether the individual has a record of disability. It is up to you to find out if the individual's condition was substantially limiting before he or she undertook corrective measures.
Reprinted with permission. © CCH<p>More record of disability claims are being brought since the U.S. Supreme Court's 1999 decision in Sutton v. United Air Lines, 6 ADD ¶6-217.</p>
Why would someone bring a “record of disability” claim?
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