Tag Archives: disability


Posted 1 year ago in Your Personal Rights by Janet Raasch  
‘Gluten Free’ Now a Required Option Under the ADA

Gluten refers to the proteins that occur naturally in wheat, rye, barley and crossbreeds of these grains. The U.S. market for gluten-free products has grown rapidly, reaching $4.2 billion in 2013. It is on pace to reach $6.6 billion by 2017. Why do consumers care if a product is gluten-free?   Gluten Causes Certain Diseases About 3 million Americans, or about one in 133, suffer from celiac disease. Celiac disease is an autoimmune disorder in which consumption of gluten causes …

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Obesity Likely to Become ‘Disability’ Under ADA

The American Medical Association last month voted to classify obesity as a disease, a move lawyers say will likely expand the reach of the Americans with Disabilities Act (ADA) further.   AMA Catches Up “[T]he AMA [has] adopted policy that recognizes obesity as a disease requiring a range of medical interventions to advance obesity treatment and prevention,” according to a news release about the AMA’s annual meeting, where the vote took place. Better dialogue between patients and doctors, earlier intervention …

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Posted 1 year ago in Your Personal Rights by Josh Crank  
HIV-Positive Patient Wins Suit Over Doc’s “Unreasonable Fear”

A California appeals panel has reversed a lower court verdict denying the claims of an HIV-positive woman whose surgery was canceled at the last minute by an anesthesiologist who was worried he might contract the disease. Plaintiff Maureen K. developed a painful hernia and scheduled reparative surgery in 2009, three years after being diagnosed HIV-positive. With the consent of her immunologist, Maureen stopped taking her anti-retroviral (ARV) medications two months before the procedure because they were causing negative side effects. …

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High-Risk Pregnancy Entitles Employees to Extended Leave

A recent case in California has raised the issue of how two state laws designed to protect pregnant workers interact. A woman who used up her pregnancy leave and wanted more time under the general disability law will have her day in court, according to Sanchez v. Swissport.   Pregnancy + Disability = More Time Off Under the California Pregnancy Disability Leave Law (PDLL), women are eligible for four months of pregnancy leave. The PDLL is part of the California …

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Posted 2 years ago in Labor and Employment Marijuana by Michele Bowman  
Can You Be Fired for Using Medical Marijuana?

In two recent cases, the EEOC settled with employers who had fired workers because of positive drug tests for prescription drugs. But in states where medical marijuana is legal, can employers fire employees who test positive but have prescriptions for the drug?   Drug Tests & Disability Under the Americans with Disabilities Act (ADA), of course, employers are forbidden from discriminating against workers based on their disabilities. Nor can an employer discriminate against an employee based on its perception – …

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