Is Lupus Covered by the ADA?
Posted On May 15, 2022
Covered by the ADA
Many people who have lupus worry about whether their illness will cause them to be discriminated against in the workplace. The question may also be, how long can someone with lupus work, and what can they do when certain job functions become impossible. Not to mention how you feel about telling your employer or coworkers about your condition. This article will discuss the answer to these questions. We also discuss whether lupus is a protected disability under the ADA.
Despite the widespread opposition, the ADA has not been the only tool the disability community has to fight workplace discrimination. In fact, it has been used to defend countless individuals who have suffered from disability-related discrimination, from the disabled community to the general public. The disability community should take an active role in the Supreme Court litigation under Section 504 of the ADA. The case Southeastern Community College v. Davis, decided in 1979, revealed a lack of understanding and hostility toward disability discrimination. The case involved a woman with hearing impairment who was trying to get into a nursing program. The court determined that the woman had been unqualified to participate in the nursing program because her hearing impairment made her unfit for the program.
disability harassment at workplace
The ADA was enacted in 1990, after a decade of work by advocates of people with disabilities. The disability discrimination community was already working hard to fight societal barriers and exclusion. In the decade following the ADA’s passage, over 200,000 workers filed discrimination claims. However, research on how people use laws predicts that only a small proportion of people with disabilities will use them. The language of rights often serves as a social goal, rather than an effective policy solution.
Is Lupus Covered by the ADA?
You might be asking yourself, is denying sock leave discrimination against someone with a disability? If so, you are not alone. Many employees are being denied this benefit for various reasons. These reasons range from physical injury and non-transitory illness to job insecurity. In these cases, employers may have the right to fire the employee, modify their job, or move them into another position. However, denying a disability-related request may result in termination without any prior notice or severance pay.
There are certain circumstances in which a person with dyslexia cannot perform the essential functions of their job. For example, a dyslexic person cannot effectively read a lengthy text or do a job requiring extensive reading. Therefore, employers are obliged to make reasonable adjustments to ensure that their employees can carry out their duties in the same way as other people without disabilities. The duty to make reasonable adjustments also requires an employer to remove any obstacles that may prevent them from performing their duties effectively.