ADA and FMLA Analysis

ADA and FMLA Analysis

The ADA defines “disability” as, “with respect to an individual [,] · a physical · impairment that substantially limits one or more major life activities of such individual.” 42 U.S.C. § 12102(2)(A). There is a three-part test for applying this definition. Bragdon v. Abbott, 524 U.S. 624, 631, 118 S.Ct. 2196, 141 L.Ed.2d 540 (1998). We must determine first whether Waldrip has an “impairment,” next whether the activity on which he relies is a “major life activity,” and, if so, whether his impairment “substantially limits” that major life activity.

ADA-compliant appliances from GE can help to make your home accessible to people with disabilities. The Americans with Disabilities Act establishes accessibility guidelines for many products. GE offers an array of products for the home that meet the requirements for ADA-compliance. *Refrigerators for federally funded construction projects comply with Uniform Federal Accessibility Standards. For more than a century, GE has been committed to producing innovative products that change the way people live. The result of thorough research and rigorous testing, GE appliances are designed for years of dependable performance. Today, the GE tradition of quality and innovation continues.

Family and Medical Leave Act (FMLA) requires employers to provide up to twelve weeks, or 480 hours, of unpaid leave annually to any employee for any serious medical condition of the employee or a member of the employee's immediate family, or for the birth or adoption of a child. The act was first introduced into Congress in 1985. It passed both houses of Congress, but was vetoed by President George Bush in 1991 and 1992 before being signed by President Bill Clinton in 1993.

The FMLA covers all public employers and private companies with more than fifty employees. A central component of FMLA is the requirement that employers who provide their workers with health insurance must maintain group health coverage for any employee while on leave. However, employers may require workers to prepay premiums or pay while on leave. The FMLA is enforced by the Wage and Hour Division of the Department of Labor. FMLA rights are in addition to paid sick leaves, but employers may force workers to use vacation or personal leaves after FMLA benefits expire. Employers are forbidden to deny benefits to or discharge those employees using FMLA benefits. Some rights coincide with the Americans with Disabilities Act of 1990, although the latter covers employers with fifteen or more workers and requires companies to ...